Policy Comments & Advocacy

1. Green Power, a local charitable environmental group, would like to lodge an objection to the above captioned EIA report because the proposed project (the Project)

(i) should not have merit to use, occupy and develop government lands for private developments,

(ii) falsely interpret the policy of Public Private Partnership (PPP) Scheme of the New Nature Conservation Policy (NNCP) to include sizeable government lands,

(iii) poses extensive irreversible adverse off-site ecological, environmental and social impacts on Shan Pui River (with the proposed bridge) and Yuen Long Town and community, and

(iv) undermines the planned Wetland Conservation Parks (WCP) system with incompatible and damaging urban development.

Large-scale Occupation of Government Lands for Private Development

2. “Approximately 62.8% of NSW(Nam Sang Wai) and 38.6% of LC(Lut Chau) are owned by the Project Proponent. The areas surrounding the private land are all government land.” (Section 5.4.8), and “……the application (which) proposed to include substantial portion of Government lands into Conservation Area and the Development Site……” (Sec.6.2.1(d), TPB Paper No. 10248)

3. The government lands in the Development Site (residential and commercial buildings, car parks, etc) of the Project are integral and continuous part of ecologically valueable wetland of Nam Sang Wai (NSW) which should not be taken up by ecologically damaging private developments.

4. Only upon the legality of occupation and use of government lands for private residential development for this Project is clarified should EIA process for the captioned Project be proceeded. It is a wastage of administration’s effort to undergo EIA process if the proponent has no merit to occupy, use or develop the involved government lands for residential development. Legal controversy may arise.

Abusing PPP Scheme

5. Under the NNCP, two schemes, namely the Nature Conservation Management Agreement (MA) Scheme and the Public Private Partnership (PPP) Scheme, were introduced to enhance the conservation of ecologically important sites, in particular those land under private ownership. Initiative is provided for private landowners to conserve their privately owned lands with developments on the ecologically less sensitive private lands. The PPP scheme does NOT target the conservation of the government lands.

6. In other proposed or approved PPP schemes, such as the ones in Fung Lok Wai or Sha Lo Tung, land owners held over 90% of land titles in their proposed developments. However, in this Project “……the Site involves various private lots (54%) which are owned by the applicants and surrounding Government Lands (46%)……” (Sec.6.2.1(a), TPB Paper No. 10248).

7. Substantial portion of the Project is government lands, i.e. 37.2% in NSW and 61.4% in LC (para. 2 forementioned). Inclusion of sizeable area of government lands is not the intention of PPP Scheme and, contrarily, is a serious misadministration of public assets.

8. Also, as the Project is located Wetland Conservation Area (WCA), development whatever on private and government lands, should observe the “no net loss” principle. So, the Development Site of this Project should neither be on government lands nor result in net loss of wetlands.

Violating Planning Intention of WCA and WBA

9. The proposed project site is designated as Wetland Conservation Area (WCA) under Town Planning Board Guideline (TPB PG) 12C, and the Lut Chau(LC) portion is also within the Mai Po Inner Deep Bay Ramsar Site. The Development Site area of the Project occupies 11.6 ha resulting in significant net loss of ecologically valuable wetlands in Deep Bay area is unacceptable from the ecological point of view and significantly undermines the planned WCP.

10. According to the TPB PG-NO.12C for Deep Bay Area, “the intention of the WCA is to conserve the ecological value of the fish ponds which form an integral part of the wetland ecosystem in the Deep Bay Area.…New development within with WCA would not be allowed unless it is required to support the conservation of the ecological value of the area or the development is an essential infrastructural project with overriding public interest.” The Development Site of the Project violates the intention of WCA as the proposed development

(a) destroys the ecological integrity of wetlands of existing WCA by turning wetland habitats (reedbeds, fishponds, marshes) into residential developments.

(b) is not of overriding public interest.

11. The proposed connecting road bridge linking Nam Sang Wai site to Yuen Long Industrial Estate over Shan Pui River is located in Wetland Buffer Area (WBA). According to the TPB PG-NO. 12C for Deep Bay Area, “the intention of the WBA is to protect the ecological integrity of the fish ponds and wetland with WCA(Wetland Conservation Area) and prevent development that would have a negative off-site disturbance impact on the ecological value of fishponds”.

12. Violating the intention of the WBA, the proposed bridge will impose off-site disturbance impacts on the ecological value of fishponds through air and noise pollution with increased vehicular traffic, light pollution interfering foraging behaviour of nocturnal wildlife, polluting the watercourses, fishponds and wetlands with contaminated stormwater.

Disturbance to Wildlife

13. The proposed Development Site of the Project are 3 to 25 storeys above basement car park that will impose severe visual impacts to the waterbirds foraging on open field of mangroves, river channels and fishponds. The proposed development intensity and building height are not compatible with the surrounding wetland environment, which will fragment the wetland habitat, hinder the flight path of birds and visual impacts. Section 2.3.10 acknowledges habitat fragmentation risks but inadequately addresses how the proposed “buffer zones” will mitigate long-term impacts on flightlines and foraging areas.

14. The Great Cormorant roost (peak count 7,405 birds in 2021-22 from Section 4.6.25) and Black-faced Spoonbill (IUCN “Endangered”) are disturbance-sensitive species. Construction noise and human activity will disturb these species, despite proposed exclusion zones in Section 4.9.24. The assessment assumes birds will adapt to new habitats, but long-term disturbance risks are not fully addressed. For example, the Shan Pui River egretry (38 nests in 2022) is already declining (Section 4.6.27), and increased disturbance could exacerbate this trend.

15. The construction of 2,521 residential units, a bridge and visitor center will introduce light, noise, and traffic pollution, disrupting nocturnal species like the Eurasian Otter, which is already absent from Lut Chau due to existing disturbances. Section 2.4.4 admits that Lut Chau’s ecological potential is hampered by human activities, yet the project exacerbates this.

16. The Mai Po Bent-winged Firefly, listed as Endangered, relies on low-light mangrove habitats. The project’s lighting plans (e.g., streetlights near the bridge) may increase ambient light levels, disrupting their mating behaviors. While light screening is proposed, no specific lux-level thresholds or monitoring protocols are detailed, leaving mitigation efficacy uncertain.

17. As the risk imposed on the ecology of Ramsar Site is still valid, both by the proposed Project and road bridge, “precautionary approach” has not yet been met as required by TPB PG-NO.12C.

18. Therefore, the Project will seriously undermines the achievements of planned WCP.

Unacceptable human disturbance and traffic impacts

19. The proposed Development Site has a basement car park with more than 800 parking spaces. Its served vehicle fleet will deteriorate the air quality and noise impacts on humans and wildlife (especially waterbirds) arising from an increased traffic flow during the operational phase of the Project. The vehicular traffic will pollute and deteriorate the quality of planned WCP.

20. The proposed Project also worsens the traffic congestion of Yuen Long Town. The future residents in the proposed Development Site will commute to nearest town centre, i.e. Yuen Long, for all sorts of daily activities including shopping, dining, entertainment, consulting professionals (e.g. doctors, lawyers), customer’s services (enquiries to utilities and suppliers, repair of products). This will generate huge transport needs to Yuen Long, as well as large pressure to the government, community and commercial facilities and service providers. Yuen Long Town has already overcrowded in terms of pedestrians and traffic. The Project will exacerbate air and noise pollution in Yuen Long Town brought about by traffic.

Water Pollution and Waste Dumping

21. The proposed Development Site will provide 2,521 residential units with population of 6,500, 3.3ha of public park cum visitor centre and a bridge. Such large-scale dense development will generate point source and non-point source water pollution that increases the pollution loading of Deep Bay that breaches the “Zero Discharge Policy” for Deep Bay and damages the wetland habitats in Ramsar site.

22. Although it is mentioned in Section 6.6.15 that best management practices for stormwater discharge will be adopted to minimize stormwater pollution arising from the Project. Runoff from roads within the residential area will be drained through a separate drainage system equipped with gullies, oil interceptors and grit traps to remove the pollutants. However, total elimination of sewage discharged from construction sites and stormwater discharge from developed areas is rarely seen in practice.

23. Such measures cannot remove dissolved or colloidal eco-toxins such as surfactants (from outdoor floor washing), microplastics (peeling of tyres, outdoor paint, canvas, etc), pesticides and nutrients (from landscape maintenance), heavy metals (e.g. copper in fungicides and from electric installations). Many of these eco-toxins are highly toxic to crustaceans and fishes which are major preys of waterbirds and other wildlife.

24. During the construction phase, the fishponds, wetlands and farmlands in vicinity are vulnerable to illegal dumping of soil debris and construction and demolish wastes. Although it is mentioned in Section 7.6.9 that a GPS or equivalent automatic system will be implemented to monitor dump trucks, its effectiveness is in doubt because “no-go” areas to protect those sensitive habitats and an instantaneous alarm system to prevent dump trucks encroach these no-go areas have not been proposed. Also, no penalty will be imposed to the offenders by the Project proponent that renders the measures nonenforceable.

25. Such reckless attitude towards well-known existing an potential eco-vandalism simply reveals the ignorance and insincerity of the Project proponent to protect our invalueable ecological, cultural and public asset.

Segregating Nam Sang Wai from Community

26. In addition to its ecological value, Nam Sang Wai is precious and unique to Yuen Long and the territory because it signifies the thriving aquaculture of Yuen Long. The extensive greenery and water feature have long been the tourist attraction to Hong Kong people since 1960’s. The rows of Eucalyptus trees erecting along the bunds of ponds is exclusive in Hong Kong which makes Nam Sang Wai an emblem of Yuen Long.

27. The proposed Development Site physically separate Nam Sang Wai and Ramsar Site from Yuen Long Town. Such isolation will lower the education values of Ramsar Site that is one of the major purposes of establishment of Ramsar Site, as a result of habitat destruction, water and traffic and light pollution, visual impacts, and blockage of linkage to Yuen Long Kau Hui (Old Market).

Mitigation Measure Efficacy and Long-Term Management

28. While compensatory measures like lily ponds and reedbed creation are proposed, the ecological equivalence of these habitats remains questionable. Reedbeds take years to mature, and newly created wetlands may lack the biodiversity or functionality of existing ones. The net loss of 9.7 ha of fishponds (Section 4.8.14) could disrupt local avian populations dependent on these ecosystems.

29. The replacement of aging Eucalyptus trees (Section 2.4.5) used by Great Cormorants lacks a clear timeline or contingency plan, risking temporary or permanent loss of roosting sites. Roost tree replanting assumes new trees will mature before old ones die. However, Eucalyptus trees take decades to reach roost-suitable heights, creating a potential habitat gap. Similarly, the shallow tidal ponds at Lut Chau require precise hydrological management; failure could render them ecologically barren.

30. Invasive reed Typha angustifolia dominates 9.8 ha of marshland. Converting this to reedbed is commendable (Section 2.4.6), but the plan lacks details on preventing re-invasion or ensuring native vegetation establishment. Without active management, invasive species could undermine habitat restoration efforts.

31. The Conservation and Management Plan relies on future stewardship, but enforcement mechanisms are vague. The document references “long-term maintenance” but lacks binding commitments or funding guarantees, risking ecological degradation over time.

Climate Resilience

32. The assessment does not address sea-level rise or storm surges, which threaten low-lying wetlands. Mangroves and reedbeds are critical for coastal resilience, but their long-term viability under climate change is unexamined. Compensatory habitats may become unsustainable if hydrological conditions shift.

33. Contingency Plans of the Conservation and Management Plan focus on ecological parameters but lack details on extreme weather (e.g., typhoons) or climate change impacts (e.g., sea-level rise). Disaster response protocols are essential to sustainability and viability of habitat management but neglected.

Thank you very much for your kind attention. For any inquiries, please contact the undersigned at Green Power (T: 3961 0200, F: 2314 2661, Email: info@greenpower.org.hk).