Rarely in are government officials‟ decisions challenged in the courts on environmental grounds. Even more rarely do the courts uphold environmentally – based challenges. The recent decision in Chu Yee Wah v. Director of Environmental Protection is one such welcome rarity. The Editors

COURT REQUIRES EPD AND The Boundary Crossing Facilities, construction CONTENTS of which was due to commence in the 3rd quarter DEVELOPER NOT TO of 2010 but which has not yet in fact TREAT OUR ENVIRONMENT commenced, are to be located on a reclaimed site in the northeastern waters of the Airport FEATURE: Page AS A BUCKET FOR Island near Chek Lap Kok. The Link Road, POLLUTANTS construction, which has not yet commenced but COURT REQUIRES EPD AND which is due to commence this year (2011), is to approach the Boundary Crossing Facilities of DEVELOPER NOT TO TREAT On 18 April 2011 The Hon. Fok JA (sitting as an the HKZM Bridge from the western boundary of OUR ENVIRONMENT AS A additional member of the Court of First Instance) the HKSAR via the Airport Channel between BUCKET FOR POLLUTANTS delivered his judgment in Chu Yee Wah v. Director Chek Lap Kok and the northern shore of Lantau ……………………………………. 1 of Environmental Protection HCAL 9/2010, which Island. was a judicial review application. The TM-CLK Link, when combined with the

The application existing Tuen Mun Bypass, is to provide a direct LEGISLATION DIGEST ……… 3 route linking the Northwest and Ms. Chu, a resident of Tung Chung, applied for North Lantau from north to south, as well as various other locations, including the Kong orders of certiorari to quash decisions of the TOWN PLANNING ...... 3 Sham Western Highway, the port back-up areas Director of Environmental Protection (“Director”) in the Northwest New Territories, the Tuen Mun WEST KOWLOON made under the Environmental Impact Assessment River Trade Terminal, the existing EcoPark in CULTURAL DISTRICT Ordinance, Cap.499 (“EIAO”) concerning the Tuen Mun Area 38, the Hong Kong International Airport, the proposed Lantau (WKCD) ………………………… 5 environmental assessment and approvals in respect of two of the three large-scale infrastructure works Logistics Park, the HKZM Bridge and developments in North Lantau.” to be constructed near Tung Chung as integral

HONG KONG BRIEFING……... 6 components of the Hong Kong-Zhuhai-Macau The court summarised the relief sought by Ms. Bridge project (“HKZM Bridge”), namely: the Chu as follows: CLIMATE CHANGE…………... 8 HKZM Bridge HK Link Road (“Link Road”), and the Boundary Crossing Facilities (“BCF”) “The applicant seeks an order of certiorari to ADVISORY COUNCIL ON (“Projects”). The applicant contended that the quash the decisions of the Director granting THE ENVIRONMENT (ACE)… 9 environmental impact assessment reports approval for (a) the Environmental Impact Assessment Report relating to the HKZM (“EIARs”) for the Projects were fatally flawed, Bridge Hong Kong Boundary Crossing REGIONAL & essentially because they did not properly assess the Facilities and (b) the Environmental Impact INTERNATIONAL…………….. 10 Projects‟ impact on air quality of the affected Assessment Report relating to the HKZM locality. The Projects, and the third project, are Bridge Hong Kong Link Road. Both of those decisions were made on 23 October 2009 PROSECUTION STATISTICS... 14 described in the judgment as follows : pursuant to s.8(3) of the EIAO. “The Hong Kong section of the HKZM Bridge project consists of three main parts, namely (i) She also seeks an order of certiorari to quash the the HKZM Bridge Hong Kong Boundary decisions of the Director granting an Crossing Facilities (“the Boundary Crossing environmental permit to construct and operate Facilities”), (ii) the HKZM Bridge Hong Kong (a) the HKZM Bridge Hong Kong Boundary section and North Lantau Highway Connection Crossing Facilities and (b) the HKZM Bridge (also known as the HKZM Bridge Hong Kong Hong Kong Link Road. Both of those decisions were made on 4 November 2009 pursuant to Link Road) (“the Link Road”), and (iii) the Tuen Mun – Chek Lap Kok Link Road (“the TM- S.10 f the EIAO.” CLK Link”). The Projects are “designated projects” under S.4 of the EIAO, and so an environmental permit had to

July 2011 be issued by the Director before construction could results generated by it but this is not done in However, Fok JA decided in the applicant‟s favour begin. the EIARs; on her first ground, or complaint, and it is the learned judge‟s reasons in relation to this ground Fok JA explained clearly the procedure under the (iii) the assessment year selected, namely 2031, which are the most significant and hopeful for EIAO for processing an environmental permit does not represent the reasonably worst-case application. In general terms, the proponent must scenario for background air quality as protection of Hong Kong‟s environment in the prepare an environmental impact assessment report required by the SBs and has failed to future. describing the likely environmental impacts of the demonstrate how the AQOs (air quality proposed project. Specifically, an EIAR must be objectives) will not be breached as a result of The applicant‟s complaint was, in the context of prepared in accordance with the requirements of the HKZM projects going into operation air quality impacts, that the EIARs did not meet the study brief, as directed by the Director, for the before 2031; the minimum technical requirements of the TM by project (“SB”), and general guidelines contained in the Technical Memorandum on Environmental (iv) the EIARs failed properly to assess ozone as failing : Impact Assessment Process (“TM”). required by the TM and SBs; “to present a separate (i.e. stand-alone) analysis of As part of her duties under the EIAO, the Director (v) the EIARs failed to assess sulphur dioxide the project environmental conditions without the is responsible for formulating both the TM and the (SO2) as required by the TM and SBs; projects in place is in breach of the following SB. The EIAO provides for consultation with, and provisions of the TM, namely Sections 4.1.1, participation by, the Advisory Council on the (vi) the EIARs do not provide a quantitative or Environment and members of the public in the SB qualitative assessment of the projects‟ impact 4.2.1, 4.3.1(c), Section 4.4.2(g) and Annex 20 preparation process. on public health as required by the TM and §4.6.” that the omission of such an assessment Once the EIAR is accepted by the Director as means that the Director could not perform her We shall not set out all of the provisions of the TM complying with the TM and SB it is released for a statutory duty under s.10(2)(c) of the EIAO; relied on by applicant‟s counsel; but, as an short period of consultation, after which the example, TM S.4.3.1(c) and TM Annex 20, clause Director decides (i) whether to approve the EIAR (vii) the EIARs should have, but failed to, assess 4.6 expressly require an EIAR to assess as a and, if so, (ii) on application by the proponent, the health risk posed by pollutants outside the whether to issue an environmental permit, AQOs, such as toxic air pollutants (TAPs) and “baseline condition” the projected state of the conditionally or otherwise, under S.10 of the fine suspended particulates (PMs).” environment (within the designated geographical EIAO. area) “without the project in place” : Fok JA noted that the first to fifth complaints were These steps were followed, or appeared to be allegations of non-compliance with the TM and TM S.4.3.1(c) provides (in part) : followed, in this case by the proponent – the SBs. The other two complaints were allegations of Highways Department (“HD”) – and the Director. non-compliance, and that the Director had, “the general principles that the Director shall use In the EIARs public consultation stage in late therefore, acted unreasonably or irrationally in in evaluating the assessment methodologies are 2009, 2,715 public submissions were received. On granting environmental permits, in which case she described below: 23 October 2009 the Director approved three had issued the permits contrary to S.10(2)(c), … separate EIARs and on 4 November 2009 issued EIAO. Impact Evaluation: an evaluation of the anticipated the environmental permits for the Projects. changes and effects shall be made with respect to Before dealing with the applicant‟s seven the criteria described in Annexes 4 to 10 inclusive, The applicant challenged “the Director‟s decisions complaints, Fok JA reviewed authorities and in quantitative terms as far as possible. The to approve the BCF EIAR and the Link Road concerning construction of a TM (a general methodologies for evaluating the environmental EIAR respectively pursuant to S.8(3) of the EIAO guidelines document) and a SB (a project-specific impact shall be capable of addressing the and her subsequent decisions, based on the earlier guide). He cited the Court of Final Appeal in Shiu following issues: approval of the EIA Reports, to issue Wing Steel (above) : environmental permits for those two projects (i) the existing or projected environmental pursuant to S.10 of the EIAO. The applicant‟s “…the TM and the SB are to be construed not conditions without the project in place” complaints related to the adequacy of the air as legislative instruments but as they would be quality assessment of the operational phases of understood by an expert risk assessor. In other those projects in the EIARs. words, the court determines what the TM and TM S.4.4.2(g), dealing with the “quality of the the SB require but technical evidence may be EIA Report,” requires the Director to consider The two broad grounds of the challenge were, needed to show that an EIA report meets or does “whether the assessment has considered and firstly, based on the contention the EIARs did not not meet the requirements so determined.” compared the environmental benefits and comply with the TM and SBs; and, secondly, disbenefits of various scenarios with or without the based on the Director‟s alleged irrationality or and project”. Wednesbury unreasonableness in approving the EIARs and issuing the environmental permits. “The definition of the legal effect of the TM and Clause 4.6 of TM Annex 20, under the sub- the SB is necessarily a matter of law but it is heading “Baseline Conditions”, asks : Of these two broad grounds, the first was, as it necessary to appreciate any special or technical turned out, the more important. Both grounds meaning which experts may attribute to “Has a prediction of the likely future involved questions of law properly for the court to particular terms.” environmental conditions in the absence of the adjudicate. Specifically, the adequacy of an EIAR project been developed?” in terms of the TM and SB is for the court to Importantly, the learned judge noted that decide, when the Director‟s decision is being protection of the environment is just as important The applicant‟s first ground was, in short, that the judicially reviewed: Shiu Wing Steel Ltd. v. as ensuring major projects are completed EIARs were incomplete because they did not Director of Environmental Protection (No.2) efficiently. consider the state of the subject environment (2006) 9 HKCFAR 478. assuming the Projects did not go ahead, i.e. the “no The decision action alternative”, as it is called in the United The applicant complained that the Projects‟ EIARs States, where environmental litigation has a robust did not meet the EIAO requirements in seven The applicant failed on grounds 2-7. The court record over more than forty years. ways, namely that :- concluded – after reviewing senior counsel‟s On this point, the Director‟s case was that the TM detailed, interesting submissions – that HD‟s “(i) the TM and SBs require the EIARs to provide and SBs did not “impose a positive requirement consultants‟ assessment methadologies and the a quantitative „stand-alone‟ analysis of the that the conditions without the project in place projected environmental conditions without data included (or not included, which was at the should be presented” in the EIARs. Counsel for the Boundary Crossing Facilities and Link core of some of the grounds) in the EIARs did not the Director submitted that EIARs had to address Road projects but the EIARs fail to do so and offend against the EIAO, the TM or the SBs. only “the cumulative air quality impact, meaning the aggregate effect of any pollutants produced by erroneously conclude that these projects the projects themselves combined with sources of would have no cumulative residual air quality With respect to grounds 6 and 7, the court also impact; pollution with sources of pollution from ruled that, even if things could have been done elsewhere”. (ii) the TM and SBs require the EIARs to explain better, the Director‟s decisions were not invalid for how the input data used in the PATH model Wednesbury unreasonableness or irrationality The respondent‟s case was that the TM and SBs used in the assessment of air quality was set out criteria which the predicted air quality compiled and verified and to disclose the deterioration (with the project operating) must not

PAGE 2 exceed, and, as such, the legislative guidelines In accordance with the TM – such as S.4.3.1(c) – required evaluation on a cumulative basis. and bearing in mind the purpose of the EIAO, the The Bill also provides that a driver who EIARs were required to include a stand alone contravenes the prohibition against idling vehicles The court accepted that the respondent‟s analysis of a prediction of the environmental is liable to a fixed penalty of $320. Traffic interpretation of the relevant EIAR requirements conditions that would be expected in the absence wardens will be the main enforcement agents. was probably correct. But – and this is the strong of “the Projects”. Environmental protection inspectors will also be language which offers hope of better empowered to enforce the law to carry out relevant environmental protection – Fok JA went on to say: The learned judge held that as the EIARs did not duties during blitz operations in conjunction with include this stand alone analysis of the no-action traffic wardens. “… in Shiu Wing Steel, the Court of Final Appeal alternative they did not comply with the TM and held that the purpose of the EIAO as declared in its SBs. Therefore the Director did not have the Waste Disposal (Amendment) Ordinance 2006 long title governs its interpretation and also that its power to grant environmental permits for the (Commencement) Notice 2011/ Waste Disposal purpose of protecting the environment must inform Projects, and her decisions to approve HD‟s Ordinance (Application of Section 16) Notice the meaning attributed to the TM and SB, being EIARs and to issue environmental permits for the 2011 [Gazette published on 20 May 2011] instruments created under its authority. In this Projects must be quashed. respect, it is pertinent to keep in mind that, as declared in its long title, the EIAO is “to provide The court made an order nisi that the Director to In order that the Clinical Waste Control Scheme for assessing the impact on the environment of pay one third of the applicant‟s costs. (“the Control Scheme”) and the associated certain projects” and “for protecting the regulation on the disposal of clinical waste can commence operation on 1 August 2011, the environment”. The EIAO defines the term LEGISLATION DIGEST “environmental impact” as meaning: Government gazetted the Waste Disposal Motor Vehicle Idling (Fixed Penalty) Ordinance (Amendment) Ordinance 2006 (Commencement) (Cap. 611) [Bill was introduced to the (a) an on-site or off-site change that the project Notice 2011 (“the Commencement Notice”) Legislative Council on 28 April 2011] may cause the environment; alongside the Waste Disposal Ordinance

(b) an effect of the change on – (Application of Section 16) Notice 2011 (“the The Government introduced the Motor Vehicle (i) the well being of people, flora, fauna and Application Notice”) on 20 May 2011. Idling (Fixed Penalty) Bill in the Legislative ecosystems; Council (LegCo) on 28 April 2011. To reduce air The Control Scheme tightens control on handling, …… pollution, heat and noise nuisances caused by collection, transportation and disposal of clinical whether the change or effect occurs within or idling motor vehicles with running engines, the waste, which is essential in safeguarding public outside the site of the project”. Bill introduces a statutory requirement for drivers health and minimising pollution risks. The details

to switch off their engines while vehicles are of regulatory requirements of the Control Scheme Plainly, therefore, one of the means by which the stationary. The law will apply to all areas used by and the disposal charge for clinical waste are set EIAO seeks to achieve its purpose of protecting vehicles, including private roads and car parks. out in the Waste Disposal (Clinical Waste) the environment is by assessing the extent to (General) Regulation and the Waste Disposal which a project will have an environmental The Secretary for the Environment, Mr Edward (Charge for Disposal of Clinical Waste) impact. That adverse impact is the change in the Yau, said that the current proposal will strike a Regulation. environment from the position that would prevail reasonable balance between the need to protect the if the project were not implemented.” public from nuisances caused by idling vehicles The Commencement Notice provides that the

and operational requirements of drivers and the Secretary for the Environment appoints 1 August After referring to several U.K. authorities, the transport trades. 2011 as the date on which section 3, 5 and 6 of the court posed the question, (using applicant‟s Waste Disposal (Amendment) Ordinance 2006 counsel‟s analogy): The Bill‟s provisions take into account the views come into operation. These sections prohibit the collection and disposal of clinical waste without of the transport trades and the public. The object licence or authorisation. This will provide the “… is the environment to be treated like a bucket of the Bill is to prohibit the practice of leaving legal basis for implementation of the Control into which pollutants may be introduced so long as engines idling while the motor vehicle is parked, Scheme. there is still space within the bucket to The Bill provides exemptions from the prohibition accommodate them? Or, is it the case that any and imposes a fixed penalty for contravention of The Application Notice provides that the Director pollutant introduced into the bucket must be the prohibition. The Bill includes the following of Environment Protection appoints 1 August 2011 identified and measured and then, if possible, comments/provisions: as the day on and from which section 16 of the mitigated? If the former, it would be Waste Disposal Ordinance is to apply in relation understandable that there would be no requirement (1) in light of the sentiments of different sectors to clinical waste. Section 16 of the Waste Disposal for the EIA Reports to present the baseline in the community, in particular those of the Ordinance prohibits the use by any person of any conditions without the project in place. On the transport trades, as well as overseas land or premises for the disposal of waste unless other hand, if the latter, this would lend weight to experiences, we propose to provide a grace the person has a licence from the Director of the applicant‟s contention that the TM and the SB, period of three-in-sixty-minutes to drivers of Environment Protection or the circumstances fall properly construed, require the baseline conditions all motor vehicles; within the specified exception. The prohibition without the projects in place to be presented.” under section 16 of the Waste Disposal Ordinance (2) expanding the scope of the previously will apply to clinical waste upon the In applying environmental standards required by proposed exemption at taxi stands from the commencement of the Control Scheme. Producers the EIAO, the question of whether predicted first two taxis to the first five taxis; of clinical waste will be required to consign impacts will exceed particular benchmarks is a clinical waste to a licensed waste collector for relevant yardstick, but it is not the only one. (3) expanding the scope of exemption at green disposal at premises authorised under: (i) a waste Critically (and, it might respectfully be said, minibus stands from the first two green disposal licence issued under section 21 and 22 of refreshingly) , Fok JA stated : minibuses to the first two green minibuses of Waste Disposal Ordinance or (ii) an authorisation each route; from the Director of Environment Protection “If environmental protection is to be meaningful, it pursuant to section 10(3) of the Waste Disposal seems to me that it must aim to minimise the (4) expanding the scope of exemption at red (Clinical Waste) (General) Regulation. environmental impact of any project and, in the minibus stands from the first two red case of air quality, by minimising the amount of minibuses to the first two minibuses, a red pollutants released into the atmosphere. It would minibus with at least one passenger on board TOWN PLANNING be contrary to the purpose of the EIAO, which and a red minibus which is immediately recognises that the environment is worthy of behind it; and Rail extension works to commerce protection, if the statutory scheme in this jurisdiction were to be construed as if it treated the (5) exempting non-franchised buses with at least The statutory, administrative and funding environment like a bucket into which waste may one passenger on board. be deposited until it is full. That approach does application procedures for the not protect the environment. Instead, protecting The government proposes to apply the idling (East) (“SIL(E)”) and Kwun Tong Line Extension the environment means endeavouring to minimise prohibition to all motor vehicles equipped with an (“KTE”) have been completed and construction the environmental impacts of a proposed project.” internal combustion engine (ICE), including work will commence as soon as possible with an vehicles powered by petrol, diesel and liquefied aim to complete by 2015. Fok JA said that both the SBs and TM had to be petroleum gas, as well as hybrid vehicles. complied with by HD in preparing the EIARs. However, the prohibition will not apply to a hybrid The general criteria of the TM are not displaced by vehicle when it is powered by electricity. The A spokesman for the Transport and Housing the specific requirements of the SBs. prohibition will not be applicable to electric Bureau said that the MTR Corporation Limited vehicles, as they do not generate any emissions. (“MTRCL”) would be responsible for funding,

PAGE 3 design, construction, operation and maintenance of redevelopment in the Aberdeen and cliffs, rocks and some beaches. These areas of high the two railway projects. These projects will area. scenic quality should be protected from provide convenient and rapid service to the development. Southern District on , and to The Planning Scheme Area, covering an area of Hung Hom and Whampoa District, which are about 784 hectares, includes Tin Wan in the west Approximately 2 hectares of land covering the presently not connected to the railway network. and part of the in the western part of the Nam Fung Road Woodland north. To the east, it is bounded by the approach Site of Special Scientific Interest (“SSSI”) is zoned The spokesman also said that in considering the road to Aberdeen Tunnel, Road “SSSI”. The Nam Fung Road Woodland SSSI is planning parametres for the Wong Chuk Hang site and Island Road. To the southwest, the area covers densely covered by native broad-leaved trees and and Valley Road Estate site, the government has the islands of Ap Lei Chau and . rare flora and is considered as a piece of fung shui taken fully into account the use of land adjacent to woodland in a natural environment. the district and expectations of the residents. When Approximately 1.5 hectares of land covering two the Executive Council decided to proceed with shopping centres as part of on Ap [IS Department, Hong Kong SAR Government, further planning of the SIL(E) project in 2007, Lei Chau is zoned “Commercial”. This zone is 20/05/2011] besides reserving the Wong Chuk Hang site, an intended primarily for commercial developments, area to the north of the which may include supermarkets, shops and Revised plan for wetland project (“Ocean Park Site”) had also been reserved for services, and eating places, functioning mainly as future property developments. However, after local or district shopping centres serving the A stalled private housing development at a Yuen considering the use of land near the Ocean Park immediate neighbourhood of South Horizons and Long wetland might be resurrected in a different Site, the government decided to concentrate the Southern District. form, with most of the houses to be built on stilts property developments at the Wong Chuk Hang and separated by canals. site, so as to free up the Ocean Park Site for other Approximately 7.2 hectares of land bounded by purposes which are in more harmony with the Heung Yip Road, Police School Road and Nam The new developer of the project, which is much district. Long Shan Road is zoned “Comprehensive smaller than the initial plan proposed by a big Development Area”. This zone is intended for developer which lapsed last year, says the revised The proposed comprehensive development at the comprehensive development/redevelopment of the design will minimise disruption to the Nam Sang Wong Chuk Hang site will include a rail station site for residential and commercial uses together Wai wetland. However, environmentalists are still and depot, public transport interchange, shopping with a rail depot and station with the provision of sceptical, saying the new proposal covers Hong mall, social enterprises and social welfare public transport and other supporting facilities. Kong's second-largest natural reed bed and the facilities. design for houses there could be a ruse to avoid A 58.6 hectares site is zoned “Residential (Group rules prohibiting wetland development. The majority of the proposed property A)” for high-density residential developments, and development will be small to medium-sized units 0.4 hectare of land is zoned “Residential (Group Seven green groups yesterday met a planning having an average size of 76 square metres. In C)” for low-rise, low-density residential consultant for the new developer to discuss addition, about 20% of the flats will be of about 50 developments. progress on the revised plan. The initial plan square metres in size to help meet the housing included building more than 2,000 houses and a needs of nearby communities. A 3.5 hectares zone, “Residential (Group E)”, is golf course covering a total of 137 hectares, designated for phasing out existing industrial uses including some government land to be swapped for With regard to the planning of the Valley Road in these areas through redevelopment or a nearby site also owned by the developer. But the Estate site, the spokesman said that although the conversion for residential use. latest plan is less likely to involve any government maximum allowable plot ratio for the site is 9, the land and will cover only a fraction of the private government has asked the MTRCL to adopt a In order to ensure an adequate supply of industrial land in the south western portion of the site, away maximum domestic plot ratio of 5 for the planning floor space, 9.9 hectares of land is zoned from cormorant habitats and an egret flight path. and design of the site, and buildings will be limited “Industrial” for general industrial uses. to twenties-storey, to address public concerns of A project consultant said low-rise houses would possible “wall effect” development. The A 15.1 hectares area is zoned “Open Space” for account for up to 80 per cent of the homes to be development will provide flats of sizes ranging the provision of outdoor open-air public space for built on the site; the rest of the buildings will be no from 40 to 200 square metres catering for different active and/or passive recreational uses. In addition, higher than eight storeys. demands in the market. 103.5 hectares of land is zoned Government, Institution or Community for the provision of a A campaign manager with the Conservancy SIL(E) is a new rail corridor extending from south wide range of facilities to serve the needs of local Association questioned whether the design was a to north of Hong Kong Island, running from South residents. trick to win approval for the development. In the Horizons on Ap Lei Chau to Admiralty via Lei manager‟s opinion, the houses might be designed Tung, Wong Chuk Hang and Ocean Park. With the Approximately 103.4 hectares of land is zoned to circumvent the no-net-loss principle for wetland SIL(E), passengers from the Southern District will “Other Specified Uses” to provide sites for development. Under the principle imposed by the be able to reach Admiralty in about 10 minutes. specified purposes and uses. For example, the government, developers should minimise wetlands KTE is the extension of the existing MTR Kwun Wong Chuk Hang Industrial Area has been reduction and compensate for wetland loss. Tong Line, running from Yau Ma Tei Station to designated as a business zone primarily for general Whampoa, with two new stations at Ho Man Tin business uses. Green groups insisted that the site should not be and Whampoa. With the KTE, a journey from developed, but at the same time were worried that Whampoa to Mong Kok, normally taking about 25 Approximately 213.8 hectares of land is zoned the owners would then simply turn the site into minutes on road during peak hours, will be much “Green Belt”, which is intended primarily for commercial fish ponds to pave the way for future reduced to approximately 5 minutes. defining the limits of urban and suburban development. The groups were also concerned development areas by natural features, to protect about how the consultant would assess the [IS Department, Hong Kong SAR Government, the natural landscape and environment, as well as ecological importance of Nam Sang Wai, which 18/05/2011] to provide a countryside recreational outlet for the was damaged by mysterious fires late last year and local population and visitors. early this year. Draft Aberdeen and Ap Lei Chau Outline Zoning Plan approved An area of approximately 28.4 hectares is zoned The developer will submit a project profile to the “Coastal Protection Area” to conserve, protect and Environmental Protection Department to initiate The Chief Executive in Council has approved the retain natural coastlines and sensitive coastal the environmental impact assessment process and draft Aberdeen and Ap Lei Chau Outline Zoning natural environment. Falling within this area are will file an application to the Town Planning Plan (“OZP”), which provides a statutory land use coastal areas mainly below 20-metre to 40-metre Board at a later date. planning framework to guide development and contours that cover many coastal features, such as

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[, 01/06/2011] between next month and September were expected to offer capacity for approximately 6,000 Doubts over the plan focus on the fact that the Mega projects rob the streets of life residential flats, which is double the estimated Foster team's zero-carbon target applies only to the precinct's buildings, and not to transport links 3,000 units provided by the nine residential sites serving the centre, particularly vehicles. These, the Huge developments, like Kowloon Station, are offered for sale in the April-June quarter. team maintains, would be an uncontrollable factor pushing pedestrians out instead of enhancing outside the scope of its design. The Foster team's neighbourhoods, and the Hong Kong government Apart from the already announced 0.7887-hectare engineers said their zero-carbon concept was based should take a more active role in planning new ex-government supplies depot site at North Point's on a universally accepted definition, one adopted large developments so as to maintain the city's Oil Street, the spokeswoman said six more by the British government. vibrant street life, a research organisation suggests. residential sites from this year's application list had However, some panel members opined that the

been chosen for sale in the next three months. The principle should be applied to the whole district, The Urban Land Institute, a global organisation West Rail property development project at Nam not just to its buildings. that claims members in 95 countries and which Cheong Station was also planned for disposal. studies land use, said developments with large The plan envisages energy-saving buildings and podium structures and blank walls, such as the To ensure there would be enough flats, the the use of renewable sources of energy, such as Kowloon Station project, have lost their government will impose a requirement for wind and solar, to supply some of the centre's connection to street-life and are isolated from electricity needs and to power transport within the developers to build a minimum number on the centre. neighbourhoods. larger sites at Sha Tin's Kau To, Yuen Long's Tan Kwai Tsuen and Tseung Kwan O. These sites can As the team's promotional literature put it, their The Institute has issued a report containing 10 provide at least 2,100 units in aggregate. approach is holistic. Sustainability must take into principles for the government and property Subject to the Town Planning Board's approval, account not just buildings but infrastructure - developers to follow to avoid isolated West Rail Property Development will put the Nam particularly transport, because buildings and the developments. It recommends every district should movement of people accounts for 70% of the Cheong site out for tender in September 2011. This energy we consume. have a comprehensive design plan that project is expected to provide 3,313 flats, about complements surrounding districts, with 2,485 (or 75%) of which will be small and The Foster plan also calls for an energy centre to government departments working together to medium-sized flats. convert food waste collected from the achieve a common vision for the city. neighbourhood into biogas, which will provide Developers and analysts are not sure that the power for a sky-rail, eco-buses and stoves in flats and hotels within the district. The recycling of New developments should integrate with existing government‟s planned sales will prevent housing food waste will offset some of the precinct's neighbourhoods so the designs reflect the prices from rising. A property developer and a emissions, as it reduces greenhouse gases, like surrounding community's character. Projects larger professor from Polytechnic University's building methane, which are otherwise released in landfills. than about 150,000 square metres may lead to and real estate department said the measures could isolated blocks. address concerns about an insufficient supply of A spokeswoman for Foster and Partners said its flats. Nevertheless, since the flats would not be zero-carbon strategy took the entire West Kowloon district into account by putting traffic Although the government has encouraged available for two or three years, the news will not underground. Well-planned transport links to and developers to provide public open space in their immediately affect home prices. from the district will also limit the number of cars projects, these areas are often difficult for people travelling to the arts hub. to reach. The Institute said ground level space On the other hand, another developer said Hong should be physically and visually connected to Kong would need a new supply of about 30,000 The Authority has commissioned a consultant to similar space at upper levels, thereby encouraging flats a year to meet demand, and therefore 6,000 look into environmental issues in more detail when preparing the development plan and the its use. These areas should emphasise natural units in a quarter was not a lot. He expected prices environmental impact assessment report. elements, such as trees and lawns, with space to sit would continue to rise. or play. Big developments should integrate [SCMP, 15/04/2011] smoothly with infrastructure and the transport [South China Morning Post, 11/06/2011] network at the ground level. Key to the arts hub is in the details WEST KOWLOON The Institute suggested the town-planning process CULTURAL DISTRICT Recently, fewer headlines have generated as much should involve more stakeholders early on and debate than the new scheme for the WKCD, from diverse backgrounds, and that developers (WKCD) designed by award-winning architects Foster and must work more closely with community groups to Partners. But the firm believes that the public Critics challenge Foster‟s zero-carbon claim incorporate their needs. debate is mainly due to a lack of a clear

When world-renowned architects Foster and understanding of the details. A fellow of the Institute of Planners agreed the Partners were completing their ultimately government should put more resources into town successful bid to design the West Kowloon arts The firm says there is a lot more to the design than planning and improve the pedestrian environment. hub, Hong Kong was promised a showpiece people have seen, and that the concerns regarding In his opinion, the government has tightened cultural precinct that would also boast zero carbon the project are unfounded. emissions. restrictions on development in recent years, but it has not reviewed density at critical stages as the This undertaking is now under scrutiny, with some Artists claim too many structures will be built for city grows. critics doubting whether the zero-carbon target the performing arts zone, and the scale of the will ever be feasible for the project, and at least development is too large and very imposing. The [South China Morning Post, 02/06/2011] one calling Foster's promises during the bidding government‟s brief called for 17 core arts and stage foul play. cultural facilities at the WKCD, based on

Government to offer eight sites for sale to ease extensive research with arts and cultural land concerns When the WKCD Authority announced that Foster and Partners' design had won the competition, it stakeholders. Most of the venues are small, such as the medium-sized theatres and music halls. The government will put up eight sites for sale in said the design had been chosen because of its emphasis on environmentally friendly features, Everything on the site will be less than 100 metres the forthcoming quarter in a bid to increase land which would reduce the precinct's carbon footprint high, compared to the nearby International supply amid soaring property prices. Some and contribute to the development of a green and Commerce Centre, which is over 400 metres high. developers believe the measure will not stop home sustainable district. The hub will also have a waterfront park, prices from rising, but others say the move will colonnaded avenues, tree-lined streets as well as have a medium to long-term effect on the market. Advisers to the Authority have now disclosed that intimate lanes that are all inspired by the energy they were unconvinced by the zero-carbon claim when assessing the Foster design, because and unique mix of Kowloon. A spokeswoman of the government said yesterday insufficient data had been provided to prove the that the eight sites to be sold by tender and auction plan's feasibility.

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There have also been complaints that the WKCD also a serious lack of leadership, brought on by the renewable energy systems and all have been looks more like a commercial development than an sudden departure of the project‟s first CEO, approved. arts precinct. There are shopping and dining Graham Sheffield. CLP Power assists applicants in conducting facilities in the avenue down the centre of the site, One of the concerns of local arts group is that the technical assessments to ensure any renewable but embedded within this “urban quarter” are the initial HK$21 billion earmarked for the project energy systems connected to the grid will not main cultural venues, the blackbox theatres, M– may be spent exclusively on construction, leaving cause potential harm to property or people, or (the experimental museum displaying visual arts), little or nothing to support artists. A financial compromise the stability of the electricity grid. the Concert Hall and the Xiqu Centre. These will model breakdown and subsidy guidelines have The average cost for assessment is $300 to $400 be supplemented by cultural software facilities been called for. per kilowatt. This charge is waived in many cases. supporting education and participation in the arts. According to a professor of architecture at a local With Hongkong Electric, the average cost for grid university, another way to generate revenue may connection is $400 per kilowatt. The service Some artists were hoping to see something akin to be to establish underground links with other charge is waived for installations with rated Greenwich Village, where artists from different projects, such as Harbour City and the Express capacity not exceeding 30 kilowatts installed by disciplines live and mingle in an ad hoc way, as Rail Link, which will create more than 2 million schools and charitable organisations. well as more small scale structures and spaces to square metres of underground space generating a give the place intimacy, where the public and return of HK$33 billion over 12 years. Meanwhile the total energy generated by government renewable energy facilities in 2009-10 artists can interact on a more personal level. Other suggestions include the creation of public was 2.15% of the government‟s total electricity piers, which are absent in Foster and Partners‟ consumption for that year. Artists have also commented that they think the winning design concept, to ensure access to the arts hub will not suit them. In this regard, Foster harbour, and establishing smaller venues for [news.gov.hk, 20/05/2011] and Partners stressed that WKCD has been schools and community organisations. designed especially for local artists. The urban Old trees removed for public safety The Authority said it would consider the views and quarter will have a wide range of flexible spaces to would forge ahead with the project‟s third-stage The government has removed two diseased live, work and stay. An additional 17,000 square public consultation, to begin by the end of 2011. Chinese Banyan trees on a slope on Battery Path in metres of low cost, flexible rehearsal space and These consultations will be instrumental in fixing Central to protect public safety. Both trees were in exhibition venues have been added (above the the project‟s final development plan. the old and valuable trees category, but were 15,000 square metres originally allocated), mixed infected with brown root rot disease. This disease with schools for the visual and performing arts, The mega-project is expected to be constructed in is typically found in tropical and subtropical phases, with the first stage to be completed in regions. It leads to rapid health deterioration in arts and crafts studios and other facilities, to 2015. trees, causing them to die within a short time, and engage artists and the young and to ensure artistic there is no known cure. communities and creative professionals are [China Daily, 17/05/2011] supported in a continual exchange of ideas. As the trees showed no sign of recovery, the “Blackbox theatres”, catering to audiences of 100 Arts hub gives priority to small performing responsible agencies removed both trees to to 300 people, will be available for use by theatre venues eliminate the risk of the tree falling so as to safeguard public safety, and to contain the spread groups at affordable prices. The performing arts director of the WKCD of the disease to other trees on the same slope. Authority told lawmakers that the Authority was The departments will continue to monitor the According to Foster, the park, which will be the giving priority to building small and medium-sized condition of nearby trees. first part of the district to open, will be a place to performing venues in the arts hub. According to relax, have tea in a pavilion or enjoy a picnic on the director, his team was working with Norman [news.gov.hk, 28/05/2011] Foster, the architect designing the arts hub layout, the waterfront. There will be sculpture gardens, to locate sites within the 42-hectare site that are performances and cultural events, turning the park Effective control of vehicle emissions ready for construction. The four “black-box into a cultural venue in its own right. The firm is theatres” would take three to four years to Acting Secretary for the Environment, Dr Kitty now refining the design for the next stage of public complete. Four venues, including a theatre, a Poonm says strengthened controls on smoky consultation. concert hall and a Opera centre, will vehicles has led to a significant drop in the number also be equipped with art education facilities. of emission-test notices issued. [China Daily, 15/04/2011] [SCMP, 17/05/2011] In response to an enquiry by a legislator, Dr Poon said the government has strengthened controls on Arts groups demand greater say on WKCD New arts hub chief to tackle problems smoky vehicles since 1999, including introducing

an advanced smoke test, increasing the fixed- Local arts groups are clamoring for more inclusion The incoming chief executive of the WKCD, penalty fine for smoky vehicles to $1,000, and in planning the WKCD, saying there needs to be Michael Lynch, said he is aware of the fledgling training more accredited spotters. As a result, the increased dialogue between the project‟s authority project's leadership problems, and addressing them number of emission-test notices issued plummeted and educational bodies and those engaged in will be a priority. His predecessor, Graham by more than 80%, to about 6,500 in 2010 from its producing art. Sheffield, caused controversy by resigning after peak of approximately 39,000 in 2000. only five months. An executive director also quit

At a meeting between lawmakers and 20 after a very short period. It is estimated 6,500 emission-test notices will be deputations representing the city‟s major arts issued in this year. A notice requires the owner to organisations, it was recommended that the Mr Lynch, an Australian, said he would be conduct smoke tests in vehicle emission testing WKCD Authority should collaborate with existing heading to London for talks with Sir Norman centres within a prescribed period of time. Some art organisations and venues, so the WKCD can Foster, the architect for the district, before smoky vehicles have to undertake the smoke test become a centre connecting the existing network returning in late July to begin work. more than once before they are thoroughly of creative hubs. repaired and pass the test. Based on past data, it is He also told an arts administration forum at the estimated about 7,900 tests will be conducted in According to the representative of a local arts Academy of Performing Arts that he wants to connection with emission-test notices. group, the Authority should recruit professionals launch what he called Phase Zero, which he already managing the city‟s cultural venues to help described as a period of engaging the public with Since April 2008, owners of smoky vehicles have design and direct some of the mega-project‟s the site long before anything has been built there. been required to fix the smoke problem and pass venues and programmes. the smoke test in a vehicle emission testing centre [RTHK, 02/06/2011] within 12 working days. Owners failing to comply It was also suggested that the Hong Kong with the requirement will have their vehicle Academy for Performing Arts be granted registration cancelled. university status and moved into the project to facilitate the creation of content and develop local HONG KONG BRIEFING [news.gov.hk, 01/06/2011] artistic human capital.

Renewable energy systems approved Satisfactory water quality at some beaches The sentiment among arts organisations has been that they were left out of the planning process and Hong Kong's two power companies received a The Leisure & Cultural Services Department has their recommendations went unheeded. There was total of 55 applications from private residential buildings and organisations for grid connection of rated water quality at 22 beaches 'good' for this

PAGE 6 weekend, and 11 'fair'. dropped from good to fair while Kiu Tsui Beach was [Hong Kong Business, 07/06/2011] Professor Sadovy said Hong Kong‟s marine life upgraded from poor to fair. Bathers should avoid had once been very diverse. “We had spawning swimming at beaches for up to three days after a Environmental guide for listed companies grounds. We had the coral reef-associated fish; storm or heavy rainfall. very productive and very diverse, this particular The Hong Kong stock exchange has been looking area,” she said. But today, fish caught by trawlers [news.gov.hk, 02/06/2011] into ways to introduce the Environment, Social average only 10 grams, or about the length of a and Governance Guide (ESG) as part of the finger. Control of mosquitoes integrated reporting by listed companies. The guide has been increasingly adopted worldwide. Scientists such as Professor Sadovy predict the Permanent Secretary for Food & Health (Food), recovery of Hong Kong‟s marine ecosystem will Marion Lai, has called on the Anti-Mosquito Integrated reporting is the representation of a have a spill-over effect into neighbouring waters, Steering Committee to boost community company‟s performance in terms of financial and as fish populations spread out from areas where participation in mosquito control. Chairing the non-financial results, such as disclosure of social trawling has been banned. Committee's first meeting, Ms Lai said a concerted and environmental performance. If adopted, this effort by the government, local organisations, requirement will have a far-reaching effect on the There are approximately 1,100 trawlers registered estate management bodies and the public is crucial local power supply sector. in Hong Kong, 400 of which fish primarily in to the effectiveness of mosquito control work. Her Hong Kong waters, whilst the remainder fish call came after the Committee reviewed the Whilst the impact of its business activities on the further afield. Some 700 offshore trawlers will effectiveness of anti-mosquito measures and environment is inevitable, the power supply sector receive only about HK$150,000 but the inshore Dengue vector surveillance work. must strive to minimise the effect in a proactive trawlers will get up to HK$5.5 million each. and position manner, company secretary of CLP Officials said that offshore trawlers were less The Food & Environmental Hygiene Department Holdings said : “The environment aspect of the affected by the ban. introduced an ovitrap rapid alert system in April ESG reporting is a challenge for all companies, not 2011, and expanded the scope of the Dengue just power supply companies, in their corporate [SCMP, 13/06/2011] vector surveillance programme to cover a number governance and compliance”. of densely populated or frequently visited areas, as Pledges alone cannot protect our oceans well as areas where local Dengue fever cases [SCMP, 13/06/2011] occurred in the past. Forty-four areas are now The high seas – the areas of oceans that lie beyond covered by the programme. Extended controls on fishing needed the limits of national jurisdiction, which extend 325 kilometres from shore – make up roughly two- The department said it will clear potential The ban on bottom trawling in Hong Kong waters thirds of our oceans and 45 per cent of the planet‟s mosquito breeding grounds in public places and due to take effect at the end of 2012 will need to surface. This area, which contains perhaps the apply larvicides to stagnant water, handle be supported by other controls if it is to be fully largest reservoir of biodiversity left on earth, is mosquito complaints promptly and initiate effective in restoring the region‟s once-abundant exploited by many countries, but managed by no prosecutions against violators of anti-mosquito marine life, fisheries experts say. one, and it is under extreme pressure. regulations. They are worried that many trawler operators, who The problem is not a lack of commitments. [news.gov.hk, 03/06/2011] now account for 80 per cent of fishing, may switch Rather, what has been missing is the fulfilment of to smaller-scale operations that the government is these commitments. Governments are once again Testing bus emissions devices still working out ways to control. on the “road to Rio” for a summit in June 2012.

The Environment Bureau and franchised bus Bottom trawling – one of the most destructive Much of the current plight of the world‟s marine companies will soon trial the retrofitting of Euro II fishing methods – destroys coral, sea pens, fisheries is a result of subsidised, industrial-scale and III buses with selective catalytic reduction sponges and other organisms, destroying marine overfishing. The Rio Declaration of 1992 devices to cut nitrogen-oxide emissions. The trial ecosystems. recognises a responsibility to ensure that activities will begin in the third quarter of 2011. Results do not damage other states‟ environment or that of will be analysed after six months to assess the “If all the trawler operators switch to small-scale areas beyond the limits of national jurisdiction. feasibility of retrofitting Euro II and III buses with fishing, then it will be the same situation,” Stanley But significant depletion of the world‟s fisheries the devices on a large-scale. These devices are Shea, project co-ordinator of the marine reveals how the international community is failing effective in reducing nitrogen oxides and have conservation group Bloom Association, said. to meet one of the most important commitments been applied to Euro IV and Euro V diesel “There need to be other regulations to help. You that came out of the 1992 Earth Summit. commercial vehicles. can‟t just do some things and not others.” Further attempts to sustainably manage the marine The anticipated cost of a large-scale retrofit is Fisheries expert Professor Yvonne Sadovy of the environment emerged at the World Summit on about $150,000 per bus. The actual cost will University of Hong Kong‟s School of Biological Sustainable Development in South Africa. A depend on the complexity of the retrofit, currency Sciences, said that controls on recreational fishing, series of UN General Assembly resolutions since exchange rates and the trial results. for which the government has no plans, are 2004 have also set out regimes to protect the necessary. biodiversity of the deep seas. Yet compliance has [xinhuanet.com, 03/06/2011] been patchy. Under legislation passed last month after a seven- Review of nuclear safety at Daya Bay year campaign by conservationists, the ban on Another suggestion was to establish a bottom trawling will take effect on 31 December representative network of Marine Protected Areas. The Security Bureau has formed a task force to 2012 following distribution of a HK$1.73 billion Last year in Japan, governments agreed to conduct a comprehensive review of the Daya Bay package to buy back boats and compensate establish such areas in 10 per cent of the world‟s Contingency Plan and to plan large-scale exercise affected fishermen, which has been approved by oceans by 2020. Currently, this level of protection for early next year. The Under-Secretary for legislators. But it is likely to be at least a decade applies to only about 1 per cent. Security told legislators the plan will be revised before the waters around the mouth of the Pearl with reference to suggestions made by the River Delta begin to display the impressive array One impediment is the lack of high-seas International Atomic Energy Agency, and taking of marine life that once helped make Hong Kong governance. Subsidies are another major problem. note of the Fukushima nuclear incident and local an important fishing port. It is estimated that approximately US$27 billion a factors. year in subsidies to the fishing industry worldwide “Hong Kong will have to be patient. Smaller fish have generated excess fishing capacity that The review will be completed this year and will will come back quickly, but in terms of the ones exceeds by a factor of two the ability of fish to cover the latest international nuclear safety we want to eat, the bigger ones…they‟re more like reproduce. standards and contingency measures, the elephants. They take a longer time to recover,” notification mechanism for nuclear incidents, and Professor Sadovy said. “So I think at least 10 The United Nations Environment Programme an examination of the radiation monitoring and years, may be 20 years, before we get something (UNEP) calculates that investing US$110 billion assessment procedures in Hong Kong. that‟s really going to make a difference here.” to strengthen fisheries management will allow the planet‟s fisheries to recover. The bottom line is Next year's drill will simulate emergency Andy Cornish, director of conservation at the that the present value of benefits from “greening” situations to test departments' preparedness and World Wide Fund for Nature (WWF) in Hong the fishing sector is estimated to be three to five response capabilities. Nuclear plant operators and Kong, said most of the marine life had been wiped times the investment required to do so – an Guangdong authorities will be invited to play out by over-fishing and destructive fishing excellent return. various roles in the exercise. Public participation methods. Trawling had played a big part in in the exercise will also be considered. causing this devastation.

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Next year‟s Rio+20 conference presents a major rising levels of carbon dioxide, the main A famous environmentalist has warned that opportunity to demonstrate that international co- greenhouse gas from burning fossil fuels and changing the type of light bulbs we use and operation through the UN is possible, and that deforestation, is warming the planet. recycling our newspapers is not sufficient to save transformational change can be achieved. the environment and, ultimately, the Earth. In There was also concern that after the Fukushima order to stop an increasing number of natural [SCMP, 24/06/2011] nuclear disaster in Japan, many countries, such as disasters happened in recent years, the world needs Germany, were opting out of nuclear energy, to get serious about fighting climate change. which emits virtually no carbon dioxide. CLIMATE CHANGE According to an interview with Lester Brown of [SCMP, 01/06/2011] Earth Policy Institute in Washington, the world is

ill-prepared and may not survive an impending Solutions for climate change Climate change to restrict water supply colossal natural disaster such as flooding,

hurricanes, tornadoes, droughts or record-breaking Hong Kong has sought solutions and has taken heat waves that are triggered by climate change. action to combat climate change, the Secretary for The United Nations food agency has warned that However, at some point it is likely these disasters the Environment, Edward Yau, told a climate climate change will restrict the availability of will be unmanageable at the societal level. change summit in Brazil. Speaking at a plenary water supply for farming sometime in the future, session of the C40 Large Cities Climate Summit in and urged governments to face the issue of climate Brown says that one of the most troubling Sao Paulo, Mr Yau said Hong Kong enacted the change and look for practical solutions. impending disasters is the current “irreversible” first principal legislation tailor-made for enhancing rapid melting of the ice sheet in Greenland. If buildings' energy efficiency last year. A report released by the Food and Agriculture temperatures continue to rise, it is feared the ice Organization (FAO) said climate change will sheet in Greenland will melt completely and raise "To raise energy efficiency in existing buildings, reduce river run-off and aquifer recharge. As well sea levels by a projected seven metres, which will we launched the $450 million Buildings Energy the loss of glaciers will eventually adversely disrupt rice production in the river deltas in Asia, Efficiency Funding Schemes in April 2009, which impact the amount of surface water available. The where 60 percent of the world‟s population lives. provide subsidies on a matching basis to report concluded that large areas of irrigated land incentivise building owners to conduct energy- in Asia which rely glaciers as the water source Brown added that rising sea levels will also impact cum-carbon audits and energy efficiency projects will also be seriously affected. In addition, heavily real estate values along coastal regions in North for their buildings.", Mr. Yau said. populated river deltas are at risk from a America and low lying communities such as New combination of reduced water flows, increased Orleans, which has only since recovered from On green transport, Mr Yau said the Government salinity and rising sea levels. Hurricane Katrina in 2005, will be threatened. was committed to promoting the use of electric vehicles in Hong Kong and had been exploring the FAO also found that whilst increased temperatures An annual disaster conference has been scheduled supply of different manufacturers' electric vehicles will lengthen the growing season in northern th nd to Hong Kong. He noted that : "To lead by temperate zones, they will reduce it almost to be held from 19 June 2011 to 22 June 2011 example, the Hong Kong Government will give everywhere else, causing yield potential and in Canada and it is expected that approximate 1,500 delegates from Canada and around the priority to EVs when replacing government productivity of crops to decline. world, will attend.. The organiser of the annual vehicles in this and the next financial years. disaster conference said that this year‟s workshops Meanwhile, a wide range of financial incentives The report suggested that governments should has been introduced to encourage car buyers in improve their ability to measure water resources will focus on emergency preparedness, pandemic Hong Kong to purchase EVs.” and should encourage farmers to change their planning, business resilience and emergency cropping patterns to allow earlier or later planting response to natural disasters, catastrophic events The government also plans to build infrastructure in order to reduce their water use. and terrorist attacks. to help reduce the city's carbon emissions, The annual disaster conference will also touch on including a district cooling system at the Kai Tak [Manila Bulletin Publishing Corporation, Development and some waste treatment facilities, 13/06/11] the soaring cost of grain, which is expected to lead which can turn waste into energy. to a full-blown food crisis, and how companies can Carbon credits may be awarded for camel cull protect themselves from cyber threats and hackers. [info.gov.hk, 29/05/2011] [Vancouver Sun, 12/06/11] Australia has come up with a practical way of Jump in CO2 emissions tackling climate change. The government is considering a scheme conceived by an Adelaide- Climate change brings risk of more infectious Global emissions of carbon dioxide hit their based company, Northwest Carbon, that would see diseases highest level last year, driven mainly by booming "carbon credits" awarded for culling wild camels, coal-reliant emerging economies, the International the methane-belching ruminants that roam the The number of people in New Zealand hospitalised Energy Agency said. outback. Northwest Carbon proposes to shoot with infectious diseases has surged in the last 20 camels from helicopters or round them up and years. Researchers warn that the government must The IEA warned that emissions were coming close send them to abattoirs to be converted into meat make more effort to ascertain the links between to a target set by the 190-nation Cancun climate for human beings or pets. global warming and public health. talks last year to limit global warming to less than two degrees Celsius above pre-industrial times. Feral camels in Australia not only compete with A report by the University of Otago in New native animals for food and water, trample Zealand shows that more than a quarter of acute Carbon dioxide emissions rose 5.9 per cent to 30.6 vegetation and damage fences, they also make a hospitalisations in New Zealand result from billion tones last year; 75 per cent of the growth hefty contribution to Australia's greenhouse gas infectious diseases, compared with only 18 percent came from emerging economies such as China or emissions. Researchers found that each camel in the early 1990s. In addition, it is widely India. discharges 45kg of methane every year and this is believed that a warmer, wetter and stormier equivalent to one tonne of carbon dioxide. With climate has the potential to make this burden of The head of the UN Climate Change Secretariat, more than million of them living in Australia and serious illness significantly worse because of the called the figures a “stark warning to governments their numbers predicted to double every nine years, biological and ecological origins of many to make repaid climate progress”, starting with a that represents a lot of climate-changing gas infectious diseases. This potentially means both meeting of government negotiators in Bonn from damaging the environment. additional human suffering and additional costs to June 6 to 17. Governments “need to push the the tax-payer funded health system. world further down the right tract to avoid The scheme is currently being considered by the dangerous climate change”. federal government and the killing of camels may A study conducted by the university showed be officially registered as a mean of cutting "significant gaps in our knowledge" of the The IEA, which advises its members on energy national emissions. Those who help to reduce the connections between climate change and infectious policy, has also carried out an analysis on the camel population will earn carbon credits, which diseases, and that much more effort should be world‟s power plants showing 80 per cent of the they could then sell to industrial polluters seeking made by relevant authorities into the possible electricity generation related emissions for 2020 to off-set their own emissions in Australia. increase of infectious diseases because of climate are already locked in. The room for manoeuvre is change. only of 20 per cent. [The Independent, 10/06/11] The research suggests that it is critical to The Cancun climate change talks which took place Manage weather disasters by preventing understand current and potential impacts of at the end of last year failed to reach a binding deal climate change climate change on human health, including extending the Kyoto Protocol for cutting carbon infectious diseases. For example, special attention dioxide emissions beyond next year. Scientists say should be focused on the understanding of the risk of mosquito-borne diseases, such as dengue fever,

PAGE 8 carried by insects from tropical countries, as many playing field for the commercial sector but IWMF at TTAL should be endorsed in Phase New Zealand habitats could be colonised by new will also reduce their operating costs and 1. mosquito species as temperatures and rainfall contribute to carbon reduction. increased. 3. The EIA subcommittee takes a number of 6. In setting out the guidelines and regulations, factors into account in selecting sites, apart It was reported that the New Zealand government consideration should be given to the fact that from environmental concerns. The primary has spent NZ$ 70 million on eradicating the advertisement signboards are to some consideration is whether, applying the southern salt marsh mosquito in recent years, as building owners a source of revenue. precautionary principle, the project is part of the government‟s programme to protect environmentally acceptable. But adverse public health. 7. Guidelines should be introduced prior to the impacts, engineering constraints, extra-time lengthy process of introducing legislation. involved, additional cost and even Studies indicated that food-borne salmonella was The Task Force would solicit support from government policy should also be also related to warmer temperatures. However, the the commercial sector to voluntarily reduce considered. links between increased temperature or rainfall and excessive use of external lighting. diseases caused by campylobacter, 4. Developing the IWMF on the artificial island cryptosporidium and severe E-coli infections were 8. Some property developers welcomed near SKC met reservations, in view of the much less clear. If increased rainfall and flooding statutory control of external lighting. The visual impacts of the development on the did occur, it was likely that many communities Task Force should focus on formulating a natural landscape and permanent loss of without reticulated water supplies would be more regulatory framework. Examples include marine habitat. With more waste reduction vulnerable to water-borne diseases. limiting external lighting until 11 pm in and recycling measures rolled out, and the residential districts and until mid-night in plan to construct one IWMF at this stage, the The increase in serious skin infections could also commercial-cum-residential districts, and site with least ecological impacts should be be linked to warmer temperatures and higher controlling the angle of lighting of selected. humidity and this is another area that urgently illuminated signs. The Tasks Force should needs further research. The study also found that also rely on non-governmental organisations 5. The Administration should provide the New Zealand government had little to conduct creative educational campaigns, information on proven technologies of information about climate and health. For such as the lights-out event, to raise public incinerators to support a large scale project example, only one of five relevant authorities had awareness. such as IWMF. Information on a briefing document related to climate change and “classification of waste at source” in Hong health, and the document was published in 2001. 9. Emphasis is placed on the need for the Kong should also be made public. government to provide a safe environment [China Daily, 13/06/11] by street lighting rather than relying on 6. The content of the EIA report was in line illuminated signs. with the EIA Ordinance (EIAO) and TM. The purpose of the EIA process was to ADVISORY COUNCIL ON 10. A more positive approach should be adopted assess the impact on the environment of in highlighting the benefits of regulatory certain projects and proposals, to protect the THE ENVIRONMENT (ACE) measures, such as energy saving, carbon environment, and to deal with incidental Summary of minutes of the 177th meeting of the reduction, and the underlying principle of matters. The detailed objectives and contents Advisory Council on the Environment (11 April sustainable development. of an EIA report were also stipulated in the 2011) TM, which did not include identification or 11. More effort should also be made in recommendation of a preferred option for a External lighting in Hong Kong educating the public about the impacts of project development. external lighting. In particular, information Members were briefed on the findings of the should be publicised about the sources of 7. It is noted that the project proponent sought consultants‟ study, commissioned in 2009, on light nuisance, appropriate levels of lighting advice from the Authority in October 2010 external lighting, from the perspective of energy for different installations in residential and on the need for a new Study Brief for the wastage and light nuisance as well as the proposed commercial areas, savings to be achieved by coexistence scenario. The Authority advised way forward in addressing concerns over external reducing lighting, and effective control that the requirements of the original Study lighting. measures. Brief could cover the environmental issues to be assessed for the co-existence scenario. The salient points arising from the meeting are :- 12. The guidelines should be published in the A new Study Brief was not necessary. latter half of 2011. Therefore the co-existence scenario of 1. In view of high building density, heavy mix incinerators at TTAL and SKC sites was not of commercial and residential buildings in The Environmental Impact Assessment included in the Project Profile and Study densely-populated areas, and different land Subcommittee‟s report on “Development of Brief of the EIA report. use zones, Hong Kong could adopt a unique Integrated Waste Management Facilities Phase approach while still making reference to 1” 8. The Council should only give advice on other cities in tackling energy wastage and environmental aspects under the EIAO light nuisance. Assessment of the impacts of The report on “Development of Integrated Waste framework, and should not take any stance excessive external lighting should also be Management Facilities (IWMF) Phase 1” was as to the preferred site. It is premature for the conducted. submitted by the Nature Conversation and Council at this stage to discuss site selection. 2. The study should be extended to more Infrastructure Planning Division of the The Administration could be invited to brief districts, as many districts face similar Environmental Protection Department (EPD). members on relevant considerations for the problems. preferred site. The report concerned 3 assessment scenarios based 3. A Task Force should be set up with a firm on 2 potential sites, namely : developing an IWMF 9. An IWMF is needed as part of Hong Kong‟s timetable. Matters to be considered by the at the Middle Tsang Tsui Ash Lagoon (TTAL) in waste management strategy. Therefore, a Task Force include the development of Tuen Mun alone; developing an IWMF at an community liaison group should be set up, technical standards and related artificial island near Shek Kwu Chau (SKC) alone; comprising representatives of concerned and supplementary parameters. The Task Force and developing an IWMF at each of the 2 potential affected parties. This would enhance the should include members from District sites (co-existence scenario). public consultation process, which should Councils and victims of light nuisance. include a host of issues, apart from Points made in the report include :- environmental concerns. 4. More stringent guidelines and mandatory requirements should be laid down. Voluntary 1. Clarification was sought of the phrase “the 10. It is noted that although the TTAL site measures are not effective. Legislation first phase of the IWMF”. The appears to have less impact in terms of should be introduced to control the Environmental Impact Assessment (EIA) ecology, there is already a cluster of commercial sector‟s use of lighting. subcommittee meant that the project unpleasant facilities in the district. proponent would build one facility prior to 5. A balance needs to be struck between keen another even if the co-existence scenario was 11. The Administration should make a firm competition in the use of illuminated adopted, and did not rule out the possibility commitment to designate the marine park signboards by the commercial sector on the of the co-existence scenario. should the SKC site be selected for the one hand and the goal of attracting tourists construction of the IWMF. In this regard, the on the other hand. The use of voluntary 2. An alternative site at TTAL has less project proponent should advance the guidelines and mandatory requirements in ecological impact. As the target under preparation works for the designation of the parallel would not only provide a level- planning was to build one IWMF, only the marine park in the waters between SKC and

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Soko Islands on the understanding that the the energy and electricity generated by the project legal limit and sewage discharge has slightly designation of the marine park would gainfully. exceeded the legal limit. immediately follow completion of the project construction work. (d) Build on the experience of the first phase of the An Environment Protection Bureau official said IWMF and take into account the progress of the that the increase in the company‟s waste treatment 12. The assessment of the EIA report under the effectiveness of waste reduction measures in investment lags far behind its production capacity EIAO was only the first statutory process in considering the way forward for further expansion. The company‟s annual spending on taking the project forward. Views from development of similar facilities. advertising is 27 times its investment on stakeholders, including District Councils environmental protection. concerned, resident groups and interest SKC site groups, would be taken into account in To attempt to solve the pollution problem, the considering the approval of the EIA report (I) Proposed conditions company has decided to build a production facility and selection of site. Other procedures, such with improved technical specifications in a suburb as seeking of funds from the Legislative (a) A detailed proposal should be submitted for of Harbin; the first-phase of the project is Council, would be required subsequently. enhancement of air quality monitoring in Cheung scheduled to be completed in 2013. Chau. Summary of proposed recommendations from [China Daily, 09/06/2011] the report on the 116th Environmental Impact (b) Preparation works for the designation of the Assessment Subcommittee meeting marine park in the waters between SKC and Soko JAPAN Islands should be advanced, including a study of The project under consideration by the details of the park designation, in a consultation Fukushima nuclear plant may have suffered subcommittee is a proposal to construct facilities with stakeholders. „melt-through‟ to reduce the bulk size of municipal solid waste (MSW) to be disposed of in landfills and to (c) A detailed programme should be submitted to A 750-page report has been compiled by Japan‟s recover energy from the MSW. The project would monitor the finless porpoise during construction emergency nuclear task force and will be help save precious space in existing landfills and and in 6 specified operational phases. submitted to the International Atomic Energy provide electricity for use in Hong Kong. Agency. The report concedes that the fuel rods in (d) A detailed plan should also be submitted for reactors No 1, 2 and 3 at the Fukushima Daiichi The proposed project will be located at the Middle establishing an on-site wastewater treatment plant, power plant had not only melted, but also breached Tsang Tsui Ash Lagoon (TTAL) in Tuen Mun or based on realistic assessment of the polluting their inner containment vessels and accumulated in on an artificial island near Shek Kwu Chau (SKC). potential of the various sources of sewage. the outer steel containment vessels. It will occupy approximately 11 hectares. Incineration technology will be adopted for the (e) A community liaison group should be The nuclear task force‟s head criticised the plant‟s treatment of MSW. The project will mainly established. operator, Tokyo Electric Power, for having failed comprise a thermal incineration plant with a to adequately protect plant workers early in the capacity of 3,000 tonnes per day (tpd) and a (II) Proposed recommendations crisis and for failing to provide adequate mechanical sorting and recycling plant with a information about the radiation leaks. capacity of 200 tpd. (a) Maximise the use of local solid waste, including construction and demolition materials, According to the report, as of late May 2011, At the proposed Middle TTAL site, the project will for reclamation of the artificial island. approximately 7,800 workers were involved in the also include the decommissioning of a part of the task of stablising the plant. The most urgent lagoon previously used for disposal of pulverized (b) Formulate a fisheries enhancement programme problem facing the workers is how to deal with the fuel ash. At the proposed SKC site, reclamation with a view to enhancing fisheries resources in the vast quantities of highly radioactive water which will be needed to accommodate the project. vicinity of the project area and promoting related had accumulated in reactor buildings and activities, such as eco-tourism and recreational basements and in ditches. The estimated 100,000 The EIA subcommittee made the following fishing. tonnes of contaminated liquid – runoff from water recommendations. used to douse overheating reactors – is hampering (c) Recycle and reuse bottom ash generated by the efforts to repair the plant‟s cooling systems. TTAL site waste incineration process with a view to maximising its beneficial use before disposal to the [Guardian, 08/06/2011] (I) Proposed conditions landfills. PHILIPPINES (a) A detailed proposal should be submitted for the (d) Formulate plans for developing community enhancement of air quality monitoring in Tuen facilities, with special consideration of the Philippines launches electric tricycle scheme Mun District. potential to promote local employment opportunities, by using the energy and electricity The Philippines President Benigno Aquino (b) A Habitat Creation and Management Plan generated by the project gainfully. announced that the country will launch a scheme should be submitted for the proposed to replace millions of petrol-powered tricycles compensatory permanent pond habitat within the (e) Build on the experience of the first phase of the with electric ones as part of the effort to clean up project site and the proposed interim habitat IWMF and take into account the record of the the nation‟s polluting mass transport system. enhancement work at the unoccupied Middle effectiveness of waste reduction measures in Lagoon on the southern side of the project site. considering the way forward for future Currently, the Philippines has more than 3.5 development of similar facilities. million tricycles, which emit more than 10 million (c) A programme to monitor potential ash leakage tonnes of carbon dioxide every year. Transport from the ash lagoons should be included in the REGIONAL & sector emissions account for 30 percent of air Environmental Monitoring and Audit programme. pollution in the Philippines, according to Manila- INTERNATIONAL based Asian Development Bank. In Manila, (d) A community liaison group should be vehicle emissions account for as much as 80 established. CHINA percent of air pollution.

(II) Proposed recommendations Pharmaceutical plant blamed for serious It is hoped that the scheme will also encourage pollution public utility vehicles to change to using (a) Formulate a Woodland Enhancement Plan for alternative energy, like natural gas, and electric or areas in the vicinity of the project site which are Harbin Pharmaceutical Group, a major hybrid engines. sparsely vegetated to achieve some carbon off- pharmaceutical company in Heilongjiang province setting. of China, drew severe criticism after China Central The scheme will also help the country save tens of Television reported on pollution problems at one millions of dollars annually. The electric tricycles, (b) Recycle and reuse bottom ash generated by the of its factories. which use rechargeable lithium ion batteries, are waste incineration process with a view to more expensive initially, but old petrol tricycles maximising its beneficial use before final disposal It was reported that the company emitted waste are more than twice as expensive to operate in the in landfills. gases and water exceeding legal limits. Many long run. residents living in the neighbourhood of the plant (c) Formulate plans for developing communal have to keep their windows closed in summer [Philippines News, 15/04/2011] facilities, with considerations of the potential to because of the polluted air. For years the odour promote local employment opportunities, by using concentration has been 20 times higher than the

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AUSTRALIA water in the tropics, but more is retained in the European Commission if the Commission accepts cold water at the poles. that the UK is doing all it reasonably can to meet Nullabor wilderness protection area established the pollutants limit. The impact is greatest in the Southern Ocean, A 9000 square kilometre portion of the Nullabor in where ocean acidification – the “evil twin” of [BBC News, 09/06/2011] the state of South Australia is to be declared a climate change – is happening at what scientists at Wilderness Protection Area under the Wilderness the Greenhouse 2011 conference in Cairns warned ITALY Protection Act 1992 (SA). The area begins at the was an alarming rate. The conference heard that West Australian border and extends east along the there is increasing evidence that changing ocean Italy‟s nuclear power referendum gets under coastline for approximately 200km. It includes a chemistry could disrupt entire marine ecosystems. way wide and unique range of intact coastal and arid habitats, as well as the widely renowned Bunda Data published over the past decade shows tiny Italy will conduct the world's first nuclear power Cliffs. marine organisms are finding it harder to make referendum since Japan's Fukushima disaster. calcium carbonate shells and skeletons. Shells are The protected region will include most of the up to a third lighter than 200 years ago. An A majority „yes‟ vote to maintain the ban on already existing Nullabor National Park, and part Australian Antarctic Division study published last nuclear power would block Prime Minister Silvio of the Nullabor Regional Reserve. It will become year found elevated ocean carbon dioxide levels Berlusconi from generating a quarter of Italy's the 12th and largest Wilderness Protection Area in also affecting krill, the cornerstone of the Southern electricity needs with nuclear energy. But the South Australia, effectively doubling the area of Ocean ecosystem. Embryonic krill exposed to outcome of the referendum will only be valid if land set aside under what is the highest level of high carbon dioxide levels were developmentally there is a turnout of at least 50 percent. environmental protection available under current impaired and did not hatch successfully. legislation. Berlusconi's government has been doing all it can One scientist observed that “krill are a food source to limit the turnout. The prime minister has said he [Environmental Defender’s Office (SA) release, for a huge number of things in the Southern does not intend to vote and his government tried to March 2011] Ocean, including commercial fish stocks, whales, frustrate the ballot in a failed court appeal. After seals, penguins and birds. If you damage them it the court dismissed the government's appeal Sample tested after gas well leak will have an impact right up through the food against the nuclear referendum, opposition groups chain.” mounted a campaign to increase voter turnout. A Sydney gas company, AGL Energy, is testing soil and water samples for contamination after Ocean acidification is actually a misnomer; in truth Italy has not operated a nuclear plant since 1990. waste water was released into the environment the sea is becoming less alkaline. According to an Three years earlier, a similar referendum was held instead of being captured. Unknown chemicals Antarctic research centre ocean acidification in the wake of the Chernobyl disaster of 1986. may have been discharged from the gas well and report, the chemistry of the Southern Ocean has Voters opted for the non-nuclear option in each of escaped into nearby drinking water catchments. fallen from a pH of 8.2 in pre-industrial times to three ballots and Italy began phasing out its 8.1 today. Under current emissions trajectories it nuclear capacity. Referendum decisions in Italy A spokeswoman for AGL said that the incident will be 7.8 by 2100. have effect for only five years. Since 1992, Italian had been reported to the Environmental Protection governments have, in theory, been free to embark Agency and nearby land owners and tenants had Among other effects of ocean acidification, on a new nuclear energy programme. also been informed. Soil and water samples have research suggests whale sonar is travelling farther been collected and taken to an external laboratory and clown fish are losing the ability to navigate. Italy is the only member of the G8 that does not to test whether the leakage had impacted the use nuclear power for generating electricity, which surrounding area. [The Age, 09/04/2011] advocates of nuclear energy argue is the key reason for the country's exceptionally high A spokesman for the Office of Environment and UNITED KINGDOM electricity bills. The high cost of electricity to both Heritage at the Department of Premier and Cabinet private consumers and business is also cited as a said it is also conducting an investigation into the Air quality row may affect Olympics prime cause of Italy's low economic growth in matter. recent years. The European Union restricts emissions of [The Sydney Morning Herald, 28/05/2011] nitrogen dioxide and other pollutants because of [The Guardian, 12/06/2011]

their health impacts. Existing levels of these gases Nullarbor wilderness protection area are believed to cause approximately 3,000 deaths Referendum blow for nuclear energy established each year. The restricted emissions targets were

originally due to be achieved by 2010. Many EU Italian Prime Minister Silvio Berlusconi has A 9000 square kilometre portion of the Nullarbor countries, including the UK, had difficulty in accepted the referendum vote to rejection of his in the state of South Australia is to be declared a meeting this deadline, and were granted extensions plan to restart the abandoned nuclear programme. Wilderness Protection Area under the Wilderness until 2015. Protection Act 1992 (SA). The area begins at the Turnout for the referendum was about 57%. Had West Australian border and extends east along the However, the Department for Environment, Food the turnout been less than 50%, the result would coastline for approximately 200km. It includes a and Rural Affairs (Defra) of the UK has admitted have been invalid. More than 94% of voters wide and unique range of intact coastal and arid many UK cities will not meet the targets before opposed the government's plans to resume nuclear habitats, as well as the widely renowned Bunda 2020, while London could be as late as 2025. power for generating electricity. Cliffs.

If the European Commission is not satisfied with The Prime Minister said that the will of Italians is The protected region will include most of the these revised target dates, it could launch clear on all the referendum points and added that already existing Nullarbor National Park, and part infringement action in 2012. Should it decide to do the government and parliament must respond fully. of the Nullarbor Regional Reserve. It will become so, the action could be taken by June 2012, which the 12th and largest Wilderness Protection Area in is a month before the Olympics will be held in Critics of nuclear power say Japan's Fukushima South Australia, effectively doubling the area of London. disaster in March has helped sway public opinion land set aside under what is the highest level of against nuclear power, which Italians also rejected environmental protection available under current The UK government has revealed details of a in a referendum soon after the 1986 Chernobyl legislation. number of initiatives aimed at curbing emissions, disaster.

including financial incentives for switching [Environmental Defender’s Office (SA) release, transportation from road to rail, research on how Italy, like Japan, is prone to earthquakes but the March 2011] retailers could deliver goods outside peak times, government has said nuclear power is needed to

and differential pricing for vehicles emitting lower supply about 20% of electricity by 2020. Southern Ocean's „fizz‟ a threat to marine life levels of pollutants.

The sea is like a soft drink. Put a glass of London‟s Lord Mayor has initiated a range of [BBC News, 14/06/2011] lemonade in the sun and it quickly becomes flat. short and long term measures to reduce pollution, Leave it in the fridge and the fizz – the carbon including imposing an age limit on taxis, investing dioxide – bubbles for longer. THE UNITED STATES in cycling infrastructure, cleaner buses and

mandating tougher standards for the London Low There is a similar effect when carbon dioxide is Biodegradable products may be doing more Emission Zone. swallowed by the ocean. Each year, about a harm than good quarter of human carbon dioxide emissions are A government spokesman said that it did not absorbed by the sea. Some is taken up by warmer North Carolina researchers have concluded that expect infringement action to be taken by the products that are advertised as biodegradable are

PAGE 11 likely to do more damage to the environment than BRAZIL non-biodegradable products. In the process of the breakdown of biodegradable articles by Belo Monte dam moves forward microorganisms, a greenhouse gas known as methane is produced. Brazil‟s Foreign Ministry rejected a request from the Organisation of American States (OAS) to The Environmental Protection Agency reports than suspend work on its massive hydro-electric Belo although methane can be converted for energy or Monte dam in the Amazon rainforest. burnt off-site at the landfills, at least 35% of landfills allow the methane to escape. And Federal The Belo Monte hydroelectric dam development regulations do not require the landfills to collect may be Brazil‟s most controversial environmental such methane after the materials have been concern. The US$17 billion project would be the disposed of. world‟s third largest dam, and will divert the Xingú river, a tributary of the Amazon in the state [CNN, 31/05/2011] of Pará.

CANADA Opponents believe that the dam will displace between 20,000 and 40,000 people and flood Canada‟s UN climate inventory data at odds hundreds of acres of Amazon forest and local with local report settlements. The Inter-American Commission on Human Rights of the OAS said the construction should be suspended until the concerns of The federal government has told the international indigenous people in the area were addressed. community that its policies to reduce heat-trapping pollution linked to global warming are up to 10 The dam is expected to generate approximately times more effective than it told Parliament at the 11,000 megawatts of electricity annually. However, beginning of June 2011. it could dry up rivers in the Amazon, causing the extinction of native species of fish and other The mixed messages were sent less than a few wildlife. Other concerns are that the turbines will weeks apart in separate reports required by also generate vast quantities of methane which is a Environment Canada under Canadian and greenhouse gas more potent than carbon dioxide. international law. Lawsuits have been brought to challenge the The first report was a Canadian inventory of legality of the construction authorisation given by greenhouse gas emissions submitted to the office Congress. administering the United Nations Framework Convention on Climate Change, which is an [The Rio Times, 12/04/2011] international treaty that requires its members to stabilise the concentration of the greenhouse gases KENYA in the atmosphere to prevent climate changes. This report stated that federal greenhouse gas reduction KAM embarks on green energy campaign initiatives may have been responsible for 25-40 megatonnes of annual greenhouse gas emission The Kenya Association of Manufacturers (KAM) reductions by 2009. has embarked on a programme aimed at reducing energy consumption in industries. KAM has been On the other hand, the second report declared that given Sh240 million in financial support by federal government actions would have resulted in Denmark, through a climate change programme 4 megatonnes of annual greenhouse gas emission promoting green energy. reductions for 2009. This report was required under Canadian legislation that forces the The funding will allow KAM to conduct government to produce reports detailing federal comprehensive energy audits and carry out a climate change policies and their relevance to national awareness campaign promoting the meeting Canada's international obligations under benefits of prudent energy utilisation. The funding the Kyoto Protocol. will also be used for programmes to demonstrate to the industry the benefits of energy efficiency A spokesman for Environment Canada said that investments, via organised exchange visits with the numbers in the second report, submitted to the companies which have successfully implemented Parliament, reflects the fact that this analysis took energy saving measures. a more conservative approach to projecting impacts of government policies. In contrast, the [allAfrica.com, 15/06/2011] first report, submitted to the UN, contained a high- level estimate of the possible impact of all measures introduced on 2009 emissions.

Environment Canada has been criticised for excluding statistics indicating a substantial rise in overall pollution from the oil sands sector from 2008 to 2009 in its inventory report, while including numbers suggesting the industry was making progress in reducing emissions per barrel of oil produced. In reply to the criticism, its spokesman answered that the statistics covering overall pollution levels for the oil sands were not required under the UNFCCC reporting criteria, even though Canada had included this data in its report from 2010. He also said that the data on emissions per barrel were included because it was an important part of the department's overall analysis reported to the UN climate change secretariat.

[Canada.com, 09/06/2011]

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This Quarterly Report does not constitute legal advice given on any particular matter. Whilst all effort has been made to ensure completeness and accuracy at the time of publication, no responsibility is accepted for errors and omissions. Further information and enquiries in respect of this quarterly should be directed to Fred Kan & Co.

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Convictions under environmental legislation: March to June 2011

[Note: the EPD no longer classifies second (and subsequent) offences.] Fred Kan & Co. The EPD‟s summary of convictions recorded and Solicitors fines imposed during the above period is as Suite 3104-07 Central Plaza follows: 18 Harbour Road Wanchai Hong Kong March 2011

Sixteen convictions were recorded in March for breaches of legislation enforced by the Environmental Protection Department.

Six of the convictions were under the Air Pollution Control Ordinance, 2 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance, 6 under the Waste Disposal Ordinance and 1 under the Water Pollution Control Ordinance.

The heaviest fine in March was $50,000, assessed against a company that exported ozone depleting substances without a licence.

April 2011

Twenty-nine convictions were recorded in April for breaches of legislation enforced by the Environmental Protection Department.

Eleven of the convictions were under the Air Pollution Control Ordinance, 9 under the Noise Control Ordinance, and 9 under the Waste Disposal Ordinance.

The heaviest fine in April was $12,000, assessed against a company that manufactured or imported a volatile organic compound wit content in excess of the limit of a regulated adhesive that is listed in Part 2 of Schedule 7, Air Pollution Control (Volatile Organic Compounds) Regulations.

May 2011

Thirty-three convictions were recorded in May for breaches of legislation enforced by the Environmental Protection Department.

Fifteen of the convictions were under the Air Pollution Control Ordinance, 5 under the Noise Control Ordinance, 8 under the Waste Disposal Ordinance and 5 under the Water Pollution Control Ordinance.

The heaviest fines in May were $30,000, assessed against a company that used powered mechanical equipment otherwise than in accordance with permit conditions and a company that contravened the provisions of a licence.

June 2011

Twenty-five convictions were recorded in June for breaches of legislation enforced by the Environmental Protection Department.

Five of the convictions were under the Air Pollution Control Ordinance, 8 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance, 1 under the Product Eco- responsibility Ordinance, 8 under the Waste Disposal Ordinance and 2 under the Water Pollution Control Ordinance.

The heaviest fine in June was $50,000, imposed on a company that used powered mechanical equipment without a valid construction noise permit.

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