Assistance to Brownfield Operators Displaced by the Government’s Land Resumption and Clearance Exercises for Public Projects
The Government sustains its effort to develop land for meeting the housing and other needs of the community. When resumption and clearance of land are required for public projects, the Government will provide monetary compensation for the affected eligible parties in accordance with the applicable legislation or policies. Displaced brownfield operators are offered various assistance as follows:
Monetary Compensation (including Ex-gratia Allowance)
Under the current regime, brownfield operators may opt for the following ex-gratia allowances (EGAs) (in lieu of any other applicable statutory compensation):
- “EGA for Shops, Workshops, Godowns, Slipways, Schools, Churches and Ornamental Fish Breeding Undertakings”: available for business undertakings operating from a surveyed/licensed structure; or
- “EGA for Open-air/Outdoor Business Undertakings”: available for business undertakings operating on private agricultural land not in breach of lease or the conditions in the relevant land instruments of private land, or on government land under short term tenancy (STT) (excluding sites let by tender) not in breach of the STT conditions.
The Finance Committee of the Legislative Council approved in July 2018 and May 2022 respective arrangements to enhance the ex-gratia compensation mentioned above. When the relevant project is ready for implementation, the Lands Department (LandsD) will contact the displaced brownfield operators in due course to assess their eligibility for the EGAs, and notify individual operators of the amount of EGA they may receive and the arrangements for disbursement (the EGAs are generally disbursed to operators upon departure). To facilitate operators’ earlier planning for relocation, the LandsD optimized in mid-2022 the arrangements for EGA disbursement so that the displaced operators can apply for early disbursement of the two types of EGAs mentioned above after posting of land resumption notices by the LandsD, without having to wait until the departure date. An applicant is required to submit the completed application form to the relevant office for processing.
If an operator is also the owner of a site, statutory compensation will also be provided for the land resumed.
Displaced brownfield operators may learn about the arrangements and the contact details of the relevant offices from the following LandsD webpage, which is uploaded with an introduction video (Chinese version only) and an information pamphlet.
Advisory Services on Planning and Land Administration
In identifying sites for relocation, operators should note that their brownfield operations must be in conformity with the statutory planned use of the sites. Operators may visit the Planning Department webpage, or approach the multi-disciplinary team of the Development Bureau (DEVB) to check whether the operations concerned are permitted in planning terms on the proposed relocation sites.
Even if it is not necessary to apply for a planning permission for this purpose, or even if such permission has already been secured, an operator should still ascertain whether the brownfield operation to be relocated as proposed is permitted under the lease. In this regard, the operator may approach DEVB’s multi-disciplinary team, which will consolidate enquiries and make referrals. If the LandsD confirms that the brownfield operation to be relocated as proposed is not permitted under lease, the operator should then apply for a waiver. The LandsD will accord priority to processing waiver applications from operators displaced by the Government’s land resumption or development clearance exercises to facilitate timely relocation of their operations. The brownfield operation under waiver application must be in conformity with the planned use of the site. To facilitate the identification of waiver application from displaced operators, the applicant is required to provide details of the relevant development project undertaken by the Government in the application form, and submit the duly completed form to the relevant District Lands Office for processing. For Enquiries, please approach the following office:
19th floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong
Telephone: 2231 5969
Fax No. : 2530 1701 / 2501 4042
Restricted Tendering of Government Sites by way of Short Term Tenancy to Displaced Brownfield Operators
In addition to offering assistance to the brownfield operators with identified relocation sites via administrative means, the LandsD is striving to locate suitable vacant government sites for letting specifically to eligible brownfield operators displaced by the land resumption and clearance exercises for public projects, by way of short term tenancy through restricted tender. The Government is now putting up temporary government sites for tender in phases, and will invite in writing eligible brownfield operators to submit their tenders if they are interested in leasing those sites to carry on their operations.