3. Conservation of Natural Landscapes and Habitats

1.1        Hong Kong has extensive undeveloped tracts of natural landscapes, which contain a diverse habitat supporting numerous native plant species and a varied wildlife, both resident and migratory. In addition there is a long history of human settlement and consequently a variety of cultural relics are present.

1.2        Conservation is considered here in terms of land use, which can be shown by zoning on town plans. In such conservation zones there is a general presumption against development and the uses which are permitted, may be subject to the imposition of appropriate conditions. This chapter explains the policies and measures which are available to provide for conservation in town plans in Hong Kong. It is not intended that all aspects of conservation will be included. Wider issues such as the maintenance of biological diversity are not discussed but they are acknowledged as motivating forces for reserving land for conservation use.

1.3        The chapter is divided into several parts. Firstly, some general principles of conservation are reviewed. Secondly, there is a discussion of measures to conserve natural landscapes and habitats, followed by measures to conserve monuments, historical buildings, archaeological sites and other antiquities. To conclude the chapter, a brief review of conservation enforcement is provided at the end.

2.1        The following four principles should be adopted for the practical pursuit of conservation in land use planning

1. retain significant landscapes and ecological attributes and heritage features as conservation zones;

2. restrict uses within conservation zones to those which sustain particular landscapes and ecological attributes and heritage features;

3. control adjoining use to minimise adverse impacts on conservation zones and optimise their conservation value; and

4. create, where possible, new conservation zones in compensation for areas of conservation value, which are lost to development.

2.2        Items of value which merit conservation are identified in territorial, sub-regional and district planning studies, special surveys undertaken by government and non-government organisations or as the result of public views. However, plans that include conservation use have to be seen in a wider context and take into account the need to provide adequate space for development needs. The challenge is to combine these different uses into acceptable and realistic plans, which take account of territorial growth and principles of sustainable development.

3.1        The natural landscapes of Hong Kong are diverse. They comprise extensive uplands, agricultural plains, valleys, an indented coastline and areas of wetland. There are many characteristic animal and plant communities, with over 2,100 native vascular plant species and some 450 species of birds being recorded. At present some 50 percent of the land area of the territory is designated for various nature conservation use. 

3.2        Natural Conservation Policy

Our nature conservation policy is to regulate, protect and manage natural resources that are important for the conservation of biological diversity of Hong Kong in a sustainable manner, taking into account social and economic considerations, for the benefit and enjoyment of the present and future generations of the community. The principal measures which protect natural landscapes and habitats are reviewed below, and they are listed in Appendix 1.

3.3        Protecting Natural Landscapes and Habitats

3.3.1     Natural landscapes and habitats may be gazetted as Country Parks or Special Areas, Marine Parks or Marine Reserve, Restricted Areas, Water Gathering Grounds, conservation zones in statutory town plans or listed as Sites of Special Scientific Interest (SSSIs).

3.3.2     Country Parks and Special Areas are designated under the Country Parks Ordinance (Cap 208) and managed by the Agriculture, Fisheries and Conservation Department (AFCD) on the advice of the Country and Marine Parks Board (CMPB). At present there are 23 Country Parks (41,034 ha) and 17 Special Areas (1,762 ha), 6 of which (610 ha) are outside Country Parks. The total area is about 41,644 ha and covers 38% of the land area of Hong Kong. Country Parks are designated for the purposes of nature conservation, countryside recreation and nature education. Special Areas are areas of government land with special interest and importance by reason of their flora, fauna, geological, cultural or archaeological features. The Country and Marine Parks Authority (i.e. the Director of Agriculture, Fisheries and Conservation) has established criteria for determining whether or not a particular location is suitable for designation as a Country Park or Special Area. The criteria include landscape quality, recreation potential, conservation value, size, land status and the practicality of management. Designated Country Parks and Special Areas are shown on Figure 1.

3.3.3     Marine Parks and Marine Reserve are designated under the Marine Parks Ordinance and managed by the AFCD on the advice of the CMPB. At present there are 4 Marine Parks (Yan Chau Tong, Hoi Ha Wan, Sha Chau & Lung Kwu Chau and Tung Ping Chau) and 1 Marine Reserve (Cape D’Aguilar). They cover a total marine area of 2,430 ha. The establishment of Marine Parks and Marine Reserve is to protect and manage ecologically important marine environment for the purposes of conservation, education and recreation and to bring long-term benefit to the community through conserving the marine environment. Designated Marine Parks and Marine Reserve are shown on Figure 2.

3.3.4     The Wild Animals Protection Ordinance (Cap 170) restricts access to designated areas of wildlife habitat. Restricted Areas under the Ordinance are implemented by the AFCD, despite certain site management activities may be shared by others. Three Restricted Areas have been designated, namely the Mai Po Marshes, the Yim Tso Ha Egretry and Sham Wan of the Lamma Island. They are also shown on Figure 2. 

3.3.5     Water Gathering Grounds comprise areas which are conserved for use as water catchment. There are four broad categories, which may warrant different controls on use and development. These are:

1. Direct Gathering Grounds

2. Indirect Gathering Grounds;

3. Minor Supply Gathering Grounds; and

4. Flood Pumping Gathering Grounds.

The Water Supplies Department (WSD) has specific requirements to control or restrict development and land use in Water Gathering Grounds. For planning and management in Water Gathering Grounds, WSD should be consulted.

3.3.6      Areas of conservation use may be designated as conservation zones on statutory town plans i.e. Outline Zoning Plans and Development Permission Area Plans prepared by the Town Planning Board under the Town Planning Ordinance (Cap 131), and non-statutory town plans i.e. Outline Development Plans and Layout Plans prepared by the Planning Department. This process is further discussed in the subsequent section on preparing plans to conserve natural landscapes and habitats.

3.3.7     “SSSIs" may be land based or marine sites, which are of special interest because of their flora, fauna, geographical or geological features. “SSSIs" are identified by the AFCD. The Planning Department maintains a register of “SSSIs". Once identified, “SSSIs" will be shown on statutory town plans and non-statutory town plans where appropriate. Normally no new development will be permitted within a “SSSI" unless it is necessary for conservation of the site. Departments concerned with planning and development should be aware of the scientific importance of “SSSIs" and should ensure that due consideration is given to conservation when development at or near these sites is proposed. The AFCD should be consulted for any proposed development at or in the proximity of any “SSSI". Existing “SSSIs" are shown on Figure 3.

3.3.8     In Mai Po Marshes and Inner Deep Bay, an area of approximately 1,500 ha of wetland was listed as a Ramsar Site under the Convention on Wetlands of International Importance especially as Waterfowl Habitat (i.e. Ramsar Convention) on 4 September 1995. This Ramsar Site is an estuarine inter-tidal mudflat backed by dwarf mangroves, shrimp ponds and fishponds. Other habitats within the Ramsar Site include reed beds, marshes, river and channels. The listing of the wetland as Ramsar Site is a formal recognition of the international importance of its special value for maintaining the genetic and ecological diversity because of the quality and peculiarities of the flora and fauna.

3.3.9     To protect this important wetland habitat, the core part of the Mai Po Marshes, mangroves and inter-tidal mudflat of Inner Deep Bay is scheduled as Restricted Area under the Wild Animals Protection Ordinance. The Town Planning Board has also designated special land use zones to conserve these areas and issued guidelines for planning application for developments within Deep Bay area (TPB PG-No. 12B) to prevent adverse impact of development projects on the wetland. The development control of these areas is further elaborated in subsequent section on preparing plans to conserve natural landscapes and habitats.

3.3.10    Apart from designating areas of conservation use, other measures are in force to protect animals and plants. The Forests and Countryside Ordinance (Cap 96) prohibits felling, cutting, burning or destroying of trees and growing plants in forests and plantations on government land. Its subsidiary regulations, Forestry Regulation prohibits the picking, felling, selling or possession of listed rare and protected plant species. The Wild Animals Protection Ordinance (Cap 170) protects local wildlife through both the prohibition of hunting territory-wide and the possession of scheduled protected wild animals or hunting appliances. In addition, there are measures which cover the retention, removal and replacement of trees, particularly old and valuable trees on government land. These measures are not the subject of this chapter but are listed, for reference purpose, in Appendix 2. Should there be any works proposed on Government lands or lease-hold private lands that have implications on conservation or tree preservation aspects, the proponent should approach relevant District Land Officers for prior consent or approval before commencement of any works.

3.4      Identifying Natural Landscapes and Habitats for Conservation

3.4.1     Existing protected areas do not include all areas of good quality natural landscapes and habitats. Extensive and valuable landscapes and habitats are subject to strong pressure for change of use. This pressure for change of use is often a consequence of economic change, particularly the decline in traditional rural activities (which threatens existing agricultural landscapes) and the expanding area of Hong Kong’s port (which threatens areas of natural coastline).

3.4.2     There are both opportunities and threats in terms of nature conservation. The principal opportunities are:

1. potential conservation areas, both land and marine, which are not yet protected;

2. degraded landscapes, which can be reinstated and put to new use; and

3. scenic areas that can accommodate quality residential, recreation and tourism uses without prejudicing more valuable conservation areas.

These opportunities can be pursued as projects, which make a positive contribution to environmental quality.

3.4.3     However, there are also significant threats to landscape quality and natural habitats which must be either prevented or ameliorated:

1. intrusion of urban development into otherwise scenic and undeveloped areas;

2. derelict land which exists where traditional land use has lapsed (e.g. agriculture) because it is not economically attractive; and 

3. coastal reclamation and working of marine deposits that have effects on potential conservation areas.

3.5        Preparing Plans to Conserve Natural Landscapes and Habitats

3.5.1     The planning intention to conserve is derived from both planning studies and inputs from government and non-government organisations. There is a hierarchy of planning studies at territorial and sub-regional levels, followed by the production of development statements and departmental plans, which act as briefs for the preparation of statutory town plans. New information on identification of areas of unique or significant landscape and local fauna, flora and habitats are revealed constantly through consultancy studies, academic researches and the work of both government and non-government organisations. Examples include planning and development studies at various levels and topical studies such as Habitat Mapping under the Sustainable Development for the 21st Century and Landscape Value Mapping of Hong Kong. These two studies have identified habitats of ecological value and areas of unique or significant landscape quality respectively. A number of inventories are kept both within government and concerned non-government organisations providing information on conservation resources. It is important that existing designated conservation areas are shown on plans clearly and accurately, and that potential conservation areas are also shown whenever possible so that opportunities to conserve are not overlooked.

  Statutory Town Plans

3.5.2     The Town Planning Ordinance empowers the Town Planning Board to prepare town plans with statutory land use zones under clause 4(1)(g) for ‘country parks, coastal protection areas, sites of special scientific interest, green belts or other specified uses' to promote conservation or protection of the environment.

Some of the major conservation zones on statutory town plans i.e. Outline Zoning Plans and Development Permission Area Plans include :

“Country Park"	To reflect a country park or special area as designated under the Country Parks Ordinance, where all uses and developments require consent from the Country and Marine Parks Authority.
“Coastal Protection Area"	To conserve, protect and retain the natural coastlines and the sensitive coastal natural environment, including attractive geological features, physical landform or area of high landscape, scenic or ecological value, with a minimum of built development; and to cover areas which serve as natural protection areas sheltering nearby developments against the effects of coastal erosion, with a general presumption against development.
“Sites of Special Scientific Interest"	To conserve and protect the features of special scientific interest such as rare or particular species of fauna and flora and their habitats, corals, woodlands, marshes or areas of geological, ecological or botanical/biological interest which are designated as SSSI and to deter human activities or developments within the SSSI, with a general presumption against development.
“Green Belt"	To primarily conserve the existing natural environment amid the built-up areas/at the urban fringe, to safeguard it from encroachment by urban type development, to define the limits of urban and sub-urban development areas by natural features, to contain urban sprawl as well as to provide passive recreational outlets, with a general presumption against development.
“Conservation Area"	To protect and retain the existing natural landscape, ecological or topographical features of the area for conservation, educational and research purposes and to separate sensitive natural environment such as SSSI or Country Park from the adverse effects of development. There is a general presumption against development in this zone.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To avoid duplication of statutory authority, development control in the “Country Park" is mainly carried out by the Land Authority (i.e. Director of Lands) on advice from the Country and Marine Parks Authority.

3.5.3     To regulate developments within the wetland area around Mai Po Marshes and Inner Deep Bay near the Ramsar Site, the following land use zones are introduced:

“ConservationArea (for wetland only)"	To discourage new development unless it is required to support the conservation of the ecological integrity of the wetland ecosystem or the development is an essential infrastructure project with overriding public interest.
"Other Specified Uses (Comprehensive Development and Wetland Enhancement Area)"	For conservation and enhancement of ecological value and functions of the existing fishponds or wetland through consideration of application for development or redevelopment under the “private-public partnership approach". The “no-net-loss in wetland" principle is adopted for any change of use in this zone.
"Other Specified Uses (Comprehensive Development and Wetland Restoration Area)"	To provide incentive for the restoration of degraded wetlands adjoining existing fish ponds through comprehensive residential and/or recreational development to include wetland restoration area, and to phase out existing sporadic open storage and port back-up uses on degraded wetlands.

Development within these zones should also comply with the Town Planning Board Guidelines for Application for Developments within Deep Bay area (TPB PG-No. 12B).

Non-statutory Town Plans

3.5.4     Non-statutory town plans and supporting planning documents should also be used to express the planning intention to protect conservation zones. At the sub-regional level, broad conservation sites should be identified and an overall framework of conservation should be reflected in planning and development studies. At the district level, Outline Development Plans and Layout Plans are prepared at scales which enable small sites to be shown. Relevant symbol should be used to annotate the following different categories of conservation sites:

1. existing designated conservation zones; and 

2. potential conservation zones.

3.6        Nature Conservation and Development Control

3.6.1     The development control measures, which can be used to protect areas of conservation value, are contained in the legislations or administrative provisions. The legislations set out the procedures and types of decision, which the decision-making authorities must follow when considering issues that affect designated areas. Administrative provisions are usually put into practice through consultation amongst concerned departments and discussion by an appropriate committee (e.g. District Planning Conference).

3.6.2     There is a general presumption against development within areas designated for conservation use. Conservation zones on statutory town plans permit very few uses other than those that are necessary to manage the resource, and the permitted development is subject to the scrutiny of the Town Planning Board. Development in Country Parks, Special Areas, Marine Parks and Marine Reserve will be carefully considered by both the Land Authority and the Country and Marine Parks Authority. These authorities will ensure that minimum impact on these areas be kept at a reasonable balance between the legitimate interest of the land owners as well as the country and marine park users. For major development proposals involving country parks and marine parks, public consultation will be conducted.

3.6.3     When town plans are being prepared, the wider implications of conservation zones must be considered. Certain land uses are not satisfactory neighbours, e.g. polluting industry next to natural habitat, and the combination of uses within a particular area must be given careful thought. Inter-relationships can be quite subtle. A SSSI designated as a wildlife habitat may only be sustainable if the wider surroundings remain rural so as to provide feeding grounds. Similarly, a wetland site may only be sustained if a particular water source is protected.

3.6.4     Care must also be taken to ensure, whenever possible, that areas for conservation use do not suffer damage as a side effect of development. Development projects which are defined as Designated Projects under the Environmental Impact Assessment Ordinance (EIAO) (Cap 499) are subject to the statutory EIA process:

1. According to Item Q1 of Part I, Schedule 2 of the EIAO, all projects including new access roads, railways, sewers, sewage treatment facilities, earthworks, dredging works and other building works partly or wholly in an existing or gazetted proposed country park or special area, a conservation area, an existing or gazetted proposed marine park or marine reserve, a site of cultural heritage, and a SSSI are defined as designated projects except for those works specified in sub-items (a) to (j). Designated Projects specified under this Schedule, unless exempted, must follow the statutory EIA process and require environmental permits for the construction and operation (if applicable, and decommissioning).

2. Designated Projects specified under Schedule 3 of the EIAO require an approved EIA report. Impacts on flora, fauna and habitats, particularly of high ecological / conservation value, will be assessed and evaluated through the statutory EIA process in accordance with the Technical Memorandum on EIA process and Study Brief requirements.

Environmental Protection Department (EPD) will consult AFCD, for advice on the issues related to nature conservation and ecological assessment etc. In the environmental permit, mitigation measures shall be set, where appropriate, as conditions of implementing the projects. Environmental planning in Hong Kong is dealt with in more details in Chapter 9.

3.6.5     Development should normally avoid declared or potential area for conservation use. A proposal to amend a conservation zone or to replace such areas with a different use, which permits essential development may only be considered in exceptional circumstances. In these circumstances it must be clearly shown that alternative development sites have been considered but have had to be rejected for sound reasons (e.g. critical timing, prohibitive cost or technical limitations). Salvage potential should be considered, together with possible off-site compensatory provision. The relevant government departments should be consulted to ensure that the possibility of off-site compensatory works has been fully explored and that suitable sites have been proposed for such compensatory works. Each application will be judged on its own merits by the relevant advisory bodies (e.g. Advisory Council on the Environment or the Country and Marine Parks Board) and when appropriate by the Town Planning Board. It is essential that the background to each application is fully researched and that the critical issues are identified.

4.     Conservation of Monuments, Historical Buildings, Archaeological sites and other Antiquities

4.1     Hong Kong is rich in cultural heritage. It is important to rehabilitate and preserve unique cultural heritage as this not only accords with our objective of sustainable development but also facilitates the retention of the inherent characteristics of different districts, and helps promote tourism. Heritage conservation is the protection of monuments, historical buildings, archaeological sites and other antiquities but in a wider sense implies respect for local activities, customs and traditions. The concept is to conserve not only individual items but also their wider urban and rural setting. However, construction of new buildings and replacement of old buildings is an essential response to changing circumstances. In practice only conservation of a representative selection of cultural heritage is achievable. Equally, in a dynamic culture it is to be expected that some currently new features may be regarded by future generations to be worth conserving.

4.2     Declared Monuments

Places, buildings, sites or structures may be gazetted and protected as monuments, historical buildings or archaeological or paleontogical site or structure under Section 3 of the Antiquities and Monuments Ordinance (Cap 53). Under the Ordinance, the Antiquities Authority (the Secretary for Development) may, after consultation with the Antiquities Advisory Board (AAB) and with the approval of the Chief Executive, declare any place, building, site or structure which the Authority considers to be of public interest by reason of its historical, archaeological or palaeontological significance, to be a monument, historical building, archaeological or palaeontological site or structure (declared monument is legally a generic term for all four categories). Apart from the relevant importance of buildings of historical interest, factors such as structural stability of the premises, planning proposals for the site, land status and liability to pay compensation are also relevant in considering possible declaration of monuments. No person shall undertake acts on declared monuments that are prohibited under section 6 of the Antiquities and Monuments Ordinance, such as to excavate, or carry out building or other works, without a permit granted by the Antiquities Authority. A plan showing locations of declared monuments is at Figure 4.

4.3     Identification and Recording of Antiquities

4.3.1     The Antiquities and Monuments Office (AMO) of Leisure and Cultural Services Department (LCSD) is responsible for identifying, recording and researching buildings, sites of historical or archaeological interest and other antiquities. AAB considers the merits of particular items and makes a recommendation to the Antiquities Authority as to whether or not they should be conserved. A data record is maintained, updated and circulated to relevant government departments. Identification and recording of antiquities/archaeological items is an ongoing process and any new items discovered should be referred to AMO for follow-up action. 

            Identifying Buildings for Conservation

4.3.2     AMO periodically identifies historical buildings such as pre-war buildings and some selected post-war buildings for conservation. In order to facilitate the assessment of the historical and architectural merits of buildings and structures, the assessment aims to focus on the following aspects :

1. Age :

                       a.    Buildings built before 1870, which survive in nearly their original condition.

                       b.    Buildings built between 1870 and 1920 should be considered, but discretion is to be exercised.

                       c.    Buildings built after 1920, especially those of historical significance and definite quality, may be included with stricter discretion exercised.

2. Special historical interest, accommodating important civic or social functions, for example, ancestral halls, religious buildings, post offices, city halls, courts of law, railway stations, etc.

3. Association with important events or well-known persons.

4. Outstanding architectural merits, especially features emphasising certain period, technological and artistic merits.

5. Group value, in respect of well known or prominent buildings both in an urban or rural context (e.g. especially in historical villages).

  Grading of Historical Buildings for Conservation

4.3.3     Once identified as having the potential for conservation, buildings are entered into the record. They may then be graded by AAB. Agreed gradings may be subject to review and revision. Buildings are generally categorised into 3 grades

1. Grade I -  Buildings of outstanding merits, which every effort should be made to preserve if possible.

2. Grade II -  Buildings of special merits, which efforts should be made to selectively preserve.

3. Grade III - Buildings of some merit, but not yet qualified for consideration as possible monuments. These buildings are to be recorded and used as a pool for future selection.

4.3.4     Relics fashioned by man before 1800 (and discovered after 1976) belong to the Government under the Antiquities and Monuments Ordinance. The excavation and search for such relics require a licence from the Antiquities Authority. Once identified as having the potential for conservation, archaeological sites are entered into the record. 

4.3.5     AMO also maintains a record of other antiquities (including archaeological items before 1800 e.g. lime kilns), and historical structures and features built after 1799 such as old street furniture (e.g. lamp posts, fountains), commemorative tablets, foundation stones, boundary stones, milestones etc. They are of varying degrees of historical significance but together they form a body of rich historical data. Identification and recording of the antiquities is an ongoing process and any new items discovered should be referred to AMO for follow-up action. When preserved, they could enhance the local character, provide tangible links with the historical past and be a major source of cultural identity.

4.4     Preparing Plans to Conserve Historical Buildings, Archaeological Sites and other Antiquities

             Statutory Town Plans

4.4.1     The existing Town Planning Ordinance does not have provisions for the protection of declared monuments and other items of antiquities. It is also not possible to indicate on the statutory town plans, i.e. Outline Zoning Plans and Development Permission Area Plans, anything other than the wider ‘use' in which the declared monument is located, e.g. an ancestral hall within a "Village Development Area" or an archaeological relic within a "Conservation" zone. However, it is important that the existing declared and proposed monuments are reflected on the relevant statutory town plans by stating the list of declared monuments in the Explanatory Statements and that prior consultation with AMO is necessary for any developments or rezoning proposals affecting these sites or buildings and their immediate environments.

             Non-statutory Town Plans

4.4.2     Non-statutory town plans and supporting planning documents should be used to express the planning intention to protect monuments, historical buildings, archaeological sites, and other antiquities. At the sub-regional level, monuments, historical buildings and archaeological sites should be identified and an overall framework of conservation should be reflected in the sub-regional plans. Layout Plans are prepared at scales which enable small sites to be shown. Hence, all monuments, archaeological sites, historical buildings and other items of antiquities should be shown on such plans and annotated with relevant symbol to indicate the following:

1. declared monuments;

2. recorded archaeological sites; and

3. graded historical buildings and other items of antiquities.

4.5     Heritage Conservation and Development Control

4.5.1     In the planning process, efforts should be made to protect and preserve buildings of historical or architectural merits either in their own right or as an integral part of a group or series of buildings. Town Planners play an important role in recommending appropriate zonings and uses in achieving conservation, enhancing the environment of historical buildings and integrating the buildings with the surrounding developments through responsive design. Many factors including ownership, land status, existing land use and development rights should be taken into account in planning for the conservation of historical buildings. Since not all the historical buildings are declared under the Antiquities and Monuments Ordinance, in many situations the existing town planning mechanisms may encourage the owners to conserve the whole or part of a historical building through administrative means.

4.5.2     Planning in both rural and urban areas should recognise the value of archaeological heritage as a cultural resource. In the planning process, the preservation of archaeological sites must be given full and advance consideration. ‘Preservation by record' (i.e. through salvage excavation to extract the maximum data) will normally only be considered in the most extreme cases. In such cases it must be proved beyond reasonable doubt that no other alternatives exist and that the socio-economic benefits of a project demonstrably and significantly outweigh the cultural significance of the archaeological site and its integrity. Hence efforts should be made to avoid encroachment of development onto sites of archaeological importance by appropriate land use zoning e.g. to conserve main deposit area(s) of the sites by turning them into passive amenities areas. AMO should be consulted for any land use or development proposals which may affect an archaeological site and its setting.

4.5.3     An antiquity, a historical building or a monument is directly related to the context, setting and visual spectrum within which the site can be experienced. In the planning process, efforts should be made to ensure that the setting of these sites could be preserved with consideration given to the impact which neighbouring land uses may have upon it. Such consideration should take account of the visual impact, alteration of the landscape and physical intrusion or overshadowing of high buildings in adjacent developments etc.

4.5.4      Antiquities and historical structures / features such as, lamp posts, foundation stones etc. should be preserved at the early planning stage. In formulating land use proposals, consideration should be given to preserve these items in-situ by blending them with the surrounding land use or creating suitable amenities areas around them. When these features are affected by development proposals, AMO should be consulted on the appropriate means of preserving these features either in-situ or otherwise.

4.5.5     In processing a redevelopment proposal for a declared monument, recorded site or graded building, AAB and the concerned government departments including AMO and the Architectural Services Department (ArchSD) should be consulted. In addition, for declared monuments, the provision in the Antiquities and Monuments Ordinance on control of monuments have to be strictly complied with. The requirement of the EIAO on the need to carry out impact assessment studies will also need to be observed. The requirement of keeping the monuments intact, any alternative use of the site and its potential for environmental improvements should be duly considered and assessed. If a historical building falls within a larger redevelopment site, the historical building has to be incorporated into the redevelopment scheme. Expert advice from AMO and the ArchSD should be sought on whether the new design could effectively blend in with the old harmoniously in terms of character, scale and visual impact. Where the original use of the building is no longer continued, new beneficial use of the building should be conscientiously considered. New use should aim to conserve the heritage values and significance of the historical building to ensure authenticity and integrity of the cultural heritage.

4.5.6     Care must be taken to ensure, whenever possible, that monuments or recorded items do not suffer damage as a side effect of development. As outlined in para.3.6.4, Designated Projects are subject to the provisions of the EIAO. During the EIA process, conservation assets are normally identified and specialist advice is sought from relevant government departments. If residual impacts are considered acceptable, ameliorative measures may then be agreed and the development proposal be amended to incorporate the monument or recorded item as a fully integrated feature of the development. AMO is the executive arm of the Antiquities Authority for issues concerning conservation of cultural heritage. Environmental planning in Hong Kong is dealt with in more detail in Chapter 9 of the HKPSG.

4.5.7     When a change of use is proposed which permits the site to retain its physical integrity, advice should be sought from concerned departments on whether or not the proposal is acceptable. Consultation may also be necessary through the District Offices and with special interest groups outside government. In general terms, the intention to conserve must be the main consideration. It must, however, be supported by the identification of a sustainable use for the conserved site and a responsible management body.

5.1       Conservation measures should be enforced under the most appropriate ordinance. Within Country Parks, Marine Parks, Marine Reserve and Special Areas, the Land Authority and/or the Country and Marine Parks Authority will take enforcement action. Enforcement of the Forests and Countryside Ordinance and the Wild Animals Protection Ordinance are the responsibilities of the AFCD. Enforcement action against offences under the EIAO is the responsibility of the EPD. The Planning Authority (i.e. the Director of Planning) is empowered under the Town Planning Ordinance to take enforcement / prosecution actions against unauthorized developments in areas covered by a development permission area (DPA) plan or an outline zoning plan which has replaced the DPA plan. Stop Notices could be issued against the landowner, occupier or person responsible for the unauthorized development if the development would constitute a health or safety hazard; adversely affect the environment; or make it impracticable or uneconomical to reinstate the land within a reasonable period. Priority actions would be taken against unauthorized developments within conservation zones, such as “Site of Special Scientific Interest" and "Conservation Area" zones. Declared monuments are protected under the Antiquities and Monuments Ordinance through the AMO. Close contact should be maintained between the District Planning Offices and the various conservation authorities.