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Letter of Approval for Agricultural Structures - Application
Guide
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Introduction |
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Under the terms and conditions of land grant, a
farmer who wishes to construct agricultural structures (e.g. greenhouses,
livestock sheds, hatcheries, fish ponds, store rooms etc.) on leasehold
agricultural land must apply to the Lands Department for a Letter
of Approval for Agricultural Structures. To facilitate application
by farmers, the Agriculture, Fisheries and Conservation Department
("the AFCD") will receive application forms on behalf of
the Lands Department and conduct preliminary processing. If an application
involves commercial purpose or government land, it will be referred
to the Lands Department for direct handling. |
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| (2) |
Exemption |
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Rainproof and shading sheds constructed of frame and transparent
polyethylene film/shading nets (See examples in Figure 1 to 4 below)
are exempt from obtaining Letters of Approval, but controlled environment
greenhouses and livestock structures are not entitled to exemption.
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Fig. 1
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Fig. 2
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Fig. 3
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Fig. 4
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| (3) |
Approval Criteria |
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The following main criteria will be considered before a Letter
of Approval is issued:
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There is a genuine need for agricultural or fisheries operation
to build the structures on the farm.
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There are no commercial facilities on the farm as follows:
- Catering facilities such as tea room, cafe, canteen, or
restaurant open to visitors;
- Indoor recreational facilities such as game room, karaoke
room, mahjong room or assembly/lecture room open to visitors;
- Lodging facilities in the form of holiday bungalow, hostel
or guestroom open to visitors;
- Entrance fee collection point or shroff office.
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| (4) |
Other Conditions |
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If the proposed building (* Note) exceeds 4.57 m in height or comprises
more than a single storey, the applicant must submit a building
plan approved by the Building Authority under the Buildings Ordinance.
* Note: please refer to the Buildings Ordinance (Cap. 123) for
the definition of "building".
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| (5) |
Application Procedures |
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- The applicant or authorized person with valid authorization
must apply to the AFCD in person. The office addresses are:
| Type of Farm |
Office |
Address |
| Crop farm |
Field Extension Office |
5/F, Yuen Long Government Offices,
2 Kiu Lok Square, Yuen Long
Tel.: 2476 2424 or 2656 2333 |
| Fish farm |
Au Tau Fisheries Office |
Milestone 27, Castle Peak Road,
Au Tau, Yuen Long;
Tel.: 2471 9174 |
| Livestock farm |
Farm Licensing Section Tai Lung Experimental
Station |
Lin Tong Mei, Sheung Shui;
Tel.: 2462 7443 |
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The applicant or authorized person must submit the following
documents / information when applying for a Letter of Approval:
- A completed and signed Letter of Approval for Agricultural
Structures on Private Agricultural Land Application Form (Form
LA01);
- A full list of agricultural structures to be constructed
as proposed in the application form, including details of
the use, length, width, height and number of storeys of each
structure;
- A lot index plan (Scale 1:1 000) with farm boundary and
locations of the proposed agricultural structures clearly
shown. Lot index plans are available for purchase at Map Publications
Centres of the Lands Department. For livestock farms, land
survey documents and layout plans issued by a practising authorized
land surveyor must be submitted together with the application
form;
- Tenants must submit copies of valid tenancy agreements.
If the application involves the construction of a watchman
shed, a valid letter of consent from the landowner must be
attached.
- Land title information, i.e., a copy of the land registration
record issued by the Land Registry. These records are available
for purchase at District Land Registries.
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The applicant must sign an undertaking in the application
form to undertake to demolish part or all of the structures
as and when requested by the HKSAR Government, and indemnify
and keep indemnified the Government against all actions,
proceedings, claims and demands arising out of or in connection
with the erection of the structures.
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To protect his/her own interest, the applicant may check with
the Survey and Mapping Office of the Lands Department to see
whether the relevant lot is within development reserve or existing
development area before appointing a land surveyor to draw a
farm plan. This will ensure that his/her farm investment will
not be affected by government works in future.
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Application forms can be obtained free of charge from offices
listed in paragraph 5 (a) above, District Offices in the New
Territories and the Lands Department.
Download
Application Form (PDF Format)
[Download
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| (6) |
Procedures for Handling Applications |
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Upon receipt of an application, AFCD officers will visit the
farm to check whether there is a genuine need for agricultural
or fisheries operation. Recommendations will then be made to
the Lands Department. The AFCD will consider each item on the
list of proposed structures in the application form and may
recommend approval for all items or some of them.
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If any commercial facilities are found on the farm in contravention
of the approval criteria, the AFCD will refer the application
to the Lands Department for its direct handling, which might
take the commercial facilities into account when considering
the application.
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The AFCD will make recommendations to the Lands Department
for the issue of Letters of Approval in respect of agricultural
structures to be constructed on private agricultural land only.
For agricultural structures to be constructed on government
land, the AFCD will refer the applications to the Lands Department
for its consideration and approval according to the specific
circumstances of each case.
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| (7) |
The Granting of Letter of Approval |
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Upon receipt of the AFCD's recommendation on an application,
the Lands Department will further consider whether a Letter
of Approval is granted. If the application is accepted, a Letter
of Approval will be issued to the applicant through the AFCD.
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If an application is one of the cases described in paragraph
6(b) or 6(c), it will be handled by the Lands Department directly.
The AFCD will inform the applicant of this arrangement in writing.
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If the application is refused, the Lands Department will inform
the applicant in writing and give reasons.
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