Research Monograph Siting and Community Response to Locally Unwanted Land Uses: A Literature Review Pong-Wai Lai, Lai-Yan Woo, Kin-Che Lam, Wai-Ying Lee, Tung Fung April 2007 ISBN 978-988-97957-3-3 Centre for Environmental Policy and Resource Management Department of Geography and Resource Management The Chinese University of Hong Kong Research Monograph Siting and Community Response to Locally Unwanted Land Uses: A Literature Review Pong-Wai Lai, Lai-Yan Woo, Kin-Che Lam, Wai-Ying Lee, Tung Fung April 2007 ISBN 978-988-97957-3-3 Centre for Environmental Policy and Resource Management Department of Geography and Resource Management The Chinese University of Hong Kong Executive Summary 1 Introduction In the course of urban and economic development, modern societies require a full array of public facilities and land uses to provide the various services and benefits needed to support their development. These facilities and land uses have to be planned and sited, and unavoidably will have certain impacts on some sectors of the communities. Throughout recent decades, with the growing public awareness of environmental and health issues, sitings of so-called “Locally Unwanted Land Uses” (LULUs), such as landfills, incinerators, chemical waste disposal and treatment facilities and nuclear power plants, have become increasingly difficult and have emerged as major public issues in many nations. In Hong Kong, with limited space, rapid urbanization and a population approaching 7 million, siting of LULUs also poses serious problems. These siting cases have provoked considerable public debate, concern and even opposition and protest, resulting in conflicts, project delay, cancellation or increase of project costs. In Hong Kong, there has not been any systematic attempt to analyze the siting problems of LULUs or to develop a conceptual framework for the resolution of such conflicts. A Research Grant Council (RGC) funded policy research, “Siting Locally Unwanted Land Uses: In Your Backyard or in Mine?” (Project No. 4008-PPR20051), is being undertaken by the Centre for Environmental Policy and Resource Management of The Chinese University of Hong Kong to develop a conceptual framework as an aid to resolve or least minimize the conflicts and public concerns arising from the siting of LULUs. As the first phase of this research, a comprehensive literature review on the siting of LULUs has been conducted, the results of which are presented in this monograph. The monograph examines the fundamental concepts of LULUs and the NIMBY (“not in my backyard”) phenomenon, explores the reasons underlying public responses through overseas cases and briefly reviews the siting problem in Hong Kong. It is believed that both successful and notso-successful experiences overseas will provide useful insights for siting LULUs in dense and compact cities such as Hong Kong. It is hoped that these findings will provide a road map, preliminary and rough though it may be, for developing policy and strategies which can enhance social cohesion, reduce environmental risks and minimize social conflicts. 2 Understanding LULUs LULUs serve to fulfill certain functions for society as a whole, providing benefits for local, regional or national communities. LULUs may be needed regionally or nationally, but are objectionable to people nearby. LULUs generally impose (or are perceived to impose) negative externalities on the local neighbourhood and pose (or are perceived to pose) threats to their surroundings in the form of negative environmental, health and safety, social and economic impacts. Appreciation and understanding of these impacts is pre-requisite to a successful strategy for siting of LULUs. Detailed analysis of impacts of individual LULUs may require further elaboration on the criteria to be considered, assessment and the associated risks. iii On one hand, impact assessments should be carried objectively based on sound scientific and technical data and methods. On the other hand, stakeholders’ perceptions of such impacts and risks are more subjective and are influenced by a variety of social, political and economic factors. Both the objective data and the subjective perceptions should be carefully studied in the siting of LULUs. Often, LULUs satisfy strong non-local public need or private demand, and offer (or appear to offer) large regional or national benefits, but their environmental, health and safety, social and economic costs fall mainly on their immediate locality or neighbourhood. In other words, the benefits of such facilities are usually broadly distributed, but most of the costs tend to be localized. The spatial asymmetry of costs and benefits is often inequitable. This is often the key public problem posed by LULUs. The apparent inequity therefore must be addressed in all successful siting strategies for LULUs. Faced with the daunting task of providing the land uses or facilities needed by society, planners or proponents such as government administrations or agents and private sector entities typically take the approach of reducing negative impacts in the hope of enhancing the chance of acceptance by the community concerned. They seek to distribute and reduce the harm of LULUs through various technical and planning strategies. An emerging approach to resolving conflicts in the siting of LULUs focuses on understanding the perceptions of the objectors and the proponents, and attempting to create a common understanding by merging the two separate horizons. A multi-stakeholder process based on trust, genuine public participation and equity facilitates the understanding of others’ perspectives, the merging of horizons and the search for common ground towards an acceptable solution. 3 A Conceptual Framework for Conflict Resolution of LULUs Siting A conceptual framework for LULU planning, siting and conflict resolution has been proposed (see Figure 1), comprising the key components of: z z z z z Needs and benefits, scale and distribution Impact types, scale and distribution Risk perception, assessment, management and communication Multi-stakeholder process based on trust, participation and equity for conflict resolution Acceptable solutions based on merging of the separate perspectives and horizons Proper understanding of the nature of a LULU, in terms of its needs, benefits, impacts and risks, is essential. The interactions among actors are embedded in a multi-stakeholder process that is multi-dimensional and multi-directional. The dynamics of this process is influenced and affected by the understanding of the nature of the LULU on one hand, and the community response on the other hand. Community response may be opposing or welcoming. The multi-stakeholder process helps to merge the two horizons and extremes, towards finding a solution acceptable to all parties concerned for the good of society as a whole. Sitting external to the inner core of the framework are the political, socio-economic, iv geographical and environmental settings which impose constraints on the whole conflict resolution process. On the other hand, opportunities can be explored within these settings to help shape the process and find acceptable solutions. Review of extensive overseas literature and case studies shows that the process depicted in the conceptual framework is characterized by the political, institutional, social, economic, geographical and environmental setting of the localities. Some recent LULU siting cases in Hong Kong have also been briefly reviewed. While each of these cases warrants more detailed study, it is evident that better understanding and communication of the needs, benefits, impacts and risks, as well as the social, economic and political profiles of the communities concerned, is necessary to address the conflicts arising from siting of LULUs. Only by truly understanding the public concerns and objections will we be able to solve the siting problem satisfactorily and in the public interest. Hong Kong is and has always been a dynamic city. It faces changes in its economic, social and political arenas. The environmental challenges that Hong Kong faces are significant, although not insurmountable. “Work together harmoniously for another new miracle” is both a political slogan and a dream, whether illusive or realistic. This dream is challenged every time a LULU is proposed, and the risk of a shattered dream is real. It is hoped that this monograph may provide all interested parties with a better understanding of LULUs, and that the conceptual framework proposed may serve as a diagnostic tool and guiding framework towards the fulfillment of this dream and a sustainable future for Hong Kong. v Figure 1: Siting and Community Responses to Locally Unwanted Land Uses: The Conceptual Framework LULUs Political/Institutional Setting Stakeholders Nature of LULU Needs and Benefits Territorial Public & Interest Groups Government Community Response Risks Oppose Local Regional Perception Communication Planning, Siting, Conflict Resolution Assessment Management Acceptable Solution Impacts Trust Environmental Health and Safety Economic Public Participation Equity Social Multi-Stakeholder Process Geographic Setting vi Welcome Environmental Setting Socio-Economic Setting Facility provider Preface This monograph is one of the deliverables of the policy research project “Siting Locally Unwanted Land Uses: In Your Backyard or in Mine?” (Project No. 4008-PPR20051), supported by the Research Grant Council (RGC) of Hong Kong. The monograph examines the complexities of siting locally unwanted land uses (LULUs), starting with an elucidation of the fundamental concepts of LULU and the NIMBY phenomenon, explores the reasons underlying public objections to LULUs, and briefly reviews the siting problem in Hong Kong. It is believed that overseas experience, good or bad, will provide useful insights in siting problems in dense and compact cities such as Hong Kong. By analyzing the complexities arising from the siting of LULUs, it is hoped that the findings will point to strategies which can enhance social cohesion, reduce environmental risks and minimize social conflicts. The research team wishes to thank Ms. Mary Felley for her invaluable assistance and proofreading our monograph. The technical support rendered by Mr. Gary Lui and Ms. Teresa Chung in the preparation of this monograph is also grateful acknowledged. vii Table of Contents Executive Summary ................................................................................................................. iii 1 Introduction...................................................................................................................... iii 2 Understanding LULUs..................................................................................................... iii 3 A Conceptual Framework for Conflict Resolution of LULUs Siting ...............................iv Preface......................................................................................................................................vii Table of Contents ......................................................................................................................ix List of Tables.............................................................................................................................xi List of Figures ..........................................................................................................................xii List of Appendix .................................................................................................................... xiii 1 Introduction........................................................................................................................1 2 Understanding LULU ........................................................................................................2 2.1 What is LULU?..........................................................................................................2 2.2 Needs and Benefits ....................................................................................................2 2.3 Impacts (Externalities) ...............................................................................................4 2.3.1 Introduction........................................................................................................4 2.3.2 Environmental Impacts ......................................................................................4 2.3.3 Health and Safety Impacts .................................................................................4 2.3.4 Social Impacts....................................................................................................5 2.3.5 Economic Impacts..............................................................................................5 2.3.6 Impact Assessment.............................................................................................5 2.4 Inequity between Benefits and Costs (Impacts)....................................................... 11 2.5 LULU Siting Strategies............................................................................................ 11 2.5.1 Land Use Strategies ......................................................................................... 11 2.6 A New Perspective: Merging of the Horizons .........................................................12 2.7 Summary ..................................................................................................................14 3 Conflict Resolution ..........................................................................................................17 3.1 Public Opposition ....................................................................................................17 3.2 Core Factors Affecting Community Concern and Attitudes Towards LULUs ........17 3.2.1 Justification of Need in Community Perspective.............................................17 3.2.2 Impact Management.........................................................................................18 3.2.3 Risk Perception and Communication...............................................................19 3.2.4 Trust .................................................................................................................25 3.2.5 Equity...............................................................................................................26 3.2.6 Public Participation..........................................................................................27 4 Experiences of Siting of LULUs in Overseas Countries .................................................31 4.1 Trends of Facility Siting ..........................................................................................31 4.2 Siting Approaches and Processes.............................................................................32 4.2.1 A Brief Review of Siting Approaches/ Strategies............................................32 4.2.2 A Typology of Siting Processes .......................................................................38 4.3 Policy Instruments ...................................................................................................39 4.3.1 Mitigation Policies ...........................................................................................39 4.3.2 Compensation Policies.....................................................................................40 4.4 LULU cases in Singapore, Canada, Japan and Taiwan............................................41 5 Siting Problems in Hong Kong ........................................................................................50 5.1 Introduction..............................................................................................................50 5.1.1 Hong Kong SAR: A Growing City Within a Confined Space .........................50 5.1.2 LULUs: Increasing Needs and Higher Impacts (Actual or Perceived)............50 5.1.3 Responding to Changing Social and Political Profiles ....................................51 Page ix 5.2 Cases of Siting of LULUs in Hong Kong................................................................51 6 Conclusion .......................................................................................................................55 References................................................................................................................................57 x List of Tables Table 1: Impacts of LULUs and their Inherent Characteristics .................................................6 Table 2: Examples of Intensively Studied LULUs in the Literature........................................10 Table 3: Advantages of Citizen Participation in Government Decision Making.....................28 Table 4: Disadvantages of Citizen Participation in Government Decision Making ................30 Table 5: The Facility Siting Credo...........................................................................................32 Table 6: Major Siting Approaches and Subsets .......................................................................35 Table 7: Proponents’ and opponents’ arguments for and against three siting approaches .......37 Table 8: Examples of LULUs Siting in Other Countries .........................................................42 Table 9: Recent Examples of LULUs Siting in Hong Kong....................................................53 xi List of Figures Figure 1: Siting and Community Responses to Locally Unwanted Land Uses: The Conceptual Framework ...............................................................................................................................16 Figure 2: Dread Risk (Factor 1) and Unknown Risk (Factor 2) ..............................................20 Figure 3: Simplified Representation of the Social Amplification of Risks .............................22 Figure 4: Risk Communication Model ....................................................................................24 Figure 5: Site Selection Approaches ........................................................................................34 Figure 6: The Siting Policy Triangle........................................................................................38 Figure 7: A Typology of Siting Processes................................................................................39 xii List of Appendix Appendix 1: Review of Siting Experiences in Singapore, Canada, Japan and Taiwan .......A1-1 Appendix 2: Summary of Recent LULU Cases in Hong Kong...........................................A2-1 xiii 1 Introduction In the course of urban and economic development, modern societies require a full array of public facilities and land uses to provide the various services and benefits needed to support their development. These facilities and land uses have to be planned and sited, and unavoidably will have certain impacts on some sectors of the community. Throughout recent decades, with the growing public awareness of environmental and health issues, sitings of socalled “Locally Unwanted Land Uses” (LULUs), such as landfills, incinerators, chemical waste disposal and treatment facilities and nuclear power plants, have become increasingly difficult and have emerged as major public issues in many nations. In Hong Kong, with limited space, rapid urbanization and a population approaching 7 million, siting of LULUs also poses serious problems. Examples of some recent controversial sitings include proposals for : • • • • • • • Upgrading of the chemical waste treatment centre in Tsing Yi, Columbarium and waste incinerator in Tuen Mun, Landfill extension, Slaughterhouse in Sheung Shui, Liquefied natural gas (LNG) terminal in Soko Islands, Super prison plan in Hei Ling Chau, AIDS treatment facilities in Kowloon Bay. These siting cases have provoked considerable public debate, concern and even opposition and protest, resulting in conflicts, project delay, cancellation or increase of project costs. In Hong Kong, there has not been any systematic attempt to analyze the siting problems of LULUs or to develop a conceptual framework for the resolution of such conflicts. A Research Grant Council (RGC) funded policy research, “Siting Locally Unwanted Land Uses: In Your Backyard or in Mine?” (Project No. 4008-PPR20051), is being undertaken by the Centre for Environmental Policy and Resource Management of The Chinese University of Hong Kong to develop a conceptual framework as an aid to resolve, or least minimize the conflicts and public concerns arising from the siting of LULUs. As the first phase of this research, a comprehensive literature review on the siting of LULUs has been conducted, the results of which are presented in this monograph. The monograph examines the fundamental concepts of LULUs and the NIMBY (“not in my backyard”) phenomenon, explores the reasons underlying public responses through overseas cases, and briefly reviews the siting problem in Hong Kong. It is believed that both successful and notso-successful experience overseas will provide useful insights for siting LULUs in dense and compact cities such as Hong Kong. It is hoped that these findings will provide a road map, preliminary and rough though it may be, for developing policy and strategies which can enhance social cohesion, reduce environmental risks and minimize social conflicts. Page 1 2 Understanding LULU 2.1 What is LULU? 2.1.1 With growing public concern about environmental and health protection, the siting of an increasing range of controversial facilities has become a major policy problem in North America, Europe, Australia, Japan, Taiwan, the Republic of Korea and other nations (Shaw, 1996; Lesbirel & Shaw, 2005). Such controversial facilities include power plants, airports, prisons, highways, sewage treatment plants, landfills, waste treatment facilities, oil refineries, rail lines, cemeteries, amusement parks, hospitals, etc. These are collectively described as Locally Unwanted Land Uses (LULUs) by Popper (1981). 2.1.2 The term NIMBY (“not in my backyard”) is generally used to describe the attitude of the opponents of LULUs, who may recognize that a facility is needed but are opposed to its siting in their locality. Dear (1992) describes the NIMBY phenomenon as follows: “In plain language … the motivation of residents who want to protect their turf. More formally, NIMBY refers to the protectionist attitudes of and oppositional tactics adopted by community groups facing an unwelcome development in their neighbourhood … residents usually concede that these “noxious” facilities are necessary, but not near their homes, hence the term “not in my backyard”. 2.1.3 The NIMBY phenomenon is so pervasive that a series of acronyms has arisen including: NOOS (not on our street); NIABY (not in anybody's backyard); NOPE (not on Planet Earth); BANANA (Build Absolutely Nothing Anywhere Near Anyone) and CAVE (citizens against virtually everything) (Dear, 1992). 2.1.4 Problems of siting LULUs are worldwide and common to the post-modern world. For example, the strong objection in Nevada to the United States Government’s decision to site the nation’s first high-level waste repository site in Yucca Mountain within the state of Nevada caused the project to be delayed for 19 years (Erica, 2006). Similar examples can be found among different countries across the political, social and economic spectrum. 2.1.5 Freudenburg & Pastor (1992) pointed out that people who see public reactions as the heart of the problem refer to the "NIMBY phenomenon", and those who take this perspective generally tend to see only the location as problematic. On the other hand, people who see the facilities themselves as problematic often refer to them as LULUs. For simplicity, the term LULU will be adopted throughout this monograph to cover both perspectives collectively where appropriate. 2.2 Needs and Benefits 2.2.1. LULUs serve to fulfill certain functions for society as a whole, providing benefits for the local, regional or national community. Further to Zeng (1995a, 1995b, 1995c, 1995d), LULUs can be classified into five types according to their functions and the Page 2 benefits they provide: • Energy facilities: These facilities are related to the generation of energy, the production of energy-related products or the storage of fuels. They include, for example, nuclear power plants, coal-fired power plants, refineries, petrochemical plants and oil depots. They may be risky to health and human life (nuclear power plant), cause pollution (coal-fired power plants and petrochemical plants), or pose the risk of explosion (oil depots). • Waste facilities: These facilities are related to the treatment and disposal of hazardous or non-hazardous wastes. They include, for example, nuclear waste dump sites, chemical waste treatment facilities, landfills, refuse stations, recycling centres and incinerators. They may be hazardous (nuclear waste dump sites and chemical waste treatment facilities) or cause nuisance (landfills and refuse stations) and pollution (incinerators). • Transport facilities: These facilities are related to road or rail, air and water transport. They include, for example, airports, railways, highways and transport interchanges. They are usually noisy (airports, railways, highways and transport interchange) and may be dangerous to nearby residents (airports). • Industry facilities: These facilities are related to manufacturing or production. They include, for example, chemical plants and industrial parks. They are usually polluting (chemical plants and industrial parks) and may have adverse visual and landscape impacts. • Human service facilities: These facilities are related to the provision of human services, including, for example, psychiatric hospitals, HIV centres, homeless centres, prisons, cemeteries and sex businesses. They are usually unwelcome to residents because of the possible impacts on the community such as stigmatization and depopulation effect. 2.2.2 LULUs can also be classified by the community level at which the benefits are aimed (Li & Chen, 1995): • Neighbourhood facilities: These facilities are usually of a smaller scale that suits the needs of a local community. They include, for example, refuse storage facilities, small sewage treatment plants, transformer houses, bus terminals and car parks. • City facilities: These facilities are usually of city scale to serve the needs of the whole city. They include, for example, large sewage treatment plants, water treatment works and hospitals. • Inter-City facilities – These facilities are usually of larger scale than city facilities, and serve the needs of more than one city. They include, for example, railway transport networks and strategic waste treatment facilities. • Regional facilities: These facilities are needed by the whole region. They include, for example, waste incinerators, industrial parks, highways and railways. • National facilities: These facilities are needed by the entire nation. They include, for example, international airports, strategic power generation facilities and nuclear dump sites. 2.2.3 LULUs may be needed regionally or nationally but are objectionable to the people nearby (Popper, 1981, 1987a, 1987b). Portney (1984) found that, although over 50% Page 3 of respondents supported the construction of a hazardous waste management facility somewhere in their state, over 60% would oppose its construction in their community. 2.3 Impacts (Externalities) 2.3.1 Introduction LULUs generally impose (or are perceived to impose) negative externalities to the local neighbourhood (Quah & Tan, 2002) and pose (or are perceived to pose) threats to their surroundings in the form of negative impacts (Popper, 1981). Such externalities include: • • • • 2.3.2 Environmental impacts Health and safety impacts Social impacts Economic impacts. Environmental Impacts Environmental impacts may include air, water and noise pollution, disturbance or damage to ecosystems, visual and landscape impairment, and nuisances from odours, light, vector insects and pests, etc. (Al-Yaqout et al., 2002; Rahardyan et al., 2004; Tuan & Maclaren, 2005). 2.3.3 Health and Safety Impacts Based on the degree of risk to health and human life, LULUs can be either hazardous or non-hazardous (Quah & Tan, 2002). Hazardous facilities are those that may pose risks to human health and safety. They include, for example, nuclear power plants (energy facility), hazardous waste treatment plants or disposal sites (waste facility) and chemical manufacturing plants (industry facility). They are potentially more polluting than other facilities and their environmental impacts may in turn cause considerable health and safety concerns to the local community. Hazardous facilities are considered very difficult for local residents to accept because of the considerably larger externalities they impose on their surroundings. In particular, the siting problems of hazardous facilities become more complex when there is long-term uncertainty or risk about the environmental impacts (e.g., air pollution, radiation) and health and safety impacts (e.g., cancer, respiratory diseases and damage to DNA structure) (Quah & Tan, 2002). Whereas non-hazardous facilities, for example, hospitals, cemeteries, psychiatric hospitals and homeless centres (human service facilities), generally have no significant environmental or health and impacts on their neighbourhoods, they do generate negative externalities such as loss in aesthetic values and decline in community attractiveness. These facilities are usually cited as nuisance facilities. They can be made more acceptable with appropriate mitigation and economic incentives, including in-kind or monetary compensation (Dear, 1992; Quah & Tan, 2002). Page 4 2.3.4 Social Impacts LULUs such as incinerators, landfills, power plants, mortuaries and crematoriums, halfway houses and prisons, and drug addiction treatment centres may also cause social impacts to the local community, resulting in loss in aesthetic values and decline in attractiveness of the community (Zeiss & Atwater, 1987). For example, facilities labeled as “hazardous” will lead to stigmatization because of the negative images that the term conjures up (Edelstein 2004). The facility is perceived to threaten the community directly in terms of physical impacts and indirectly by the stigma associated with it (Zeiss, 1996, 1999). 2.3.5 Economic Impacts Environmental, health and safety and social impacts may in turn be translated into economic impacts in terms of declining property prices, depressed land values, slow development, and finally a decline of the community’s economic and social profiles, due to original residents and businesses moving away. 2.3.6 Impact Assessment Overall, the actual and perceived magnitude or “footprint” of a LULU's impacts will vary according to the nature of externalities from the facility (the frequency and consequence of the impact events), local site characteristics (nearby sensitive areas, social, political and economic profiles) and the feasibility and reliability of mitigation measures implemented at the facility (Zeiss & Atwater, 1991). Table 1 summarizes the impacts related to siting of LULUs and their inherent characteristics. Appreciation and understanding of the impacts is pre-requisite to a successful strategy for siting of LULUs. Table 1 is not meant to be exhaustive in listing all LULUs and their impacts, but to provide a framework in examining these impacts. Detailed analysis of impacts of individual LULUs would require further elaboration on the criteria to be considered, assessment and the associated risks. The externalities of a LULU may vary depending on its location, type, number, scale, technology, operation procedures, appearance and so on (Dear, 1992). In most cases, the intensity of opposition will very much depend on the perceived externalities (Armour, 1991; Popper, 1981, 1987a; Quah & Tan, 2002). Therefore, the larger the perceived externalities by the public, the higher the public opposition, especially to hazardous facilities such as hazardous waste treatment facilities and nuclear power plants. Popper (1981) notes that the most prominent LULUs are typically large, based on medium to high technology (e.g., nuclear power), built by the public sector, and sited primarily by local governments. Many such LULUs have a technology, scale, or other features (e.g., transportation requirements for hazardous wastes) that require detailed risk assessment (Popper, 1987b). How to assess, manage and communicate the risks associated among the stakeholders is crucial. Page 5 Table 1: Impacts of LULUs and their Inherent Characteristics Characteristics of Impact Type of Impact Example of Impact Environmental Impacts Example of LULU Hazardous/ chemical waste incinerator Air pollution Water pollution (if used for drinking, irrigation, contact recreation) Coal-fired power plant Factory/ industrial park Dying factory Food processing factory Chemical plant Wastewater treatment facility Noise Transport Facility (airport, road, Normal operation Accident or plant failure Normal operation Normal operation Normal operation Normal operation Normal operation Accident or plant failure Normal operation Accident or plant failure Normal operation Spatial Scale of Impact (Neighbourhood /Local/Regional) Life & Health Threatening (Yes/No) Frequency of Impact Events (High/Low) Consequence of Impact Event (High /Medium/Low) Feasibility and Reliability of Mitigation Measures Yes, but costly Difficult N, L, R Yes High Medium/ High N, L, R Yes Low High N, L, R Yes High Medium N, L Yes High Medium/ Low Yes, but costly Yes N, L Yes High Medium/Low Yes N, L Yes High Medium/Low Yes N,L Yes High Medium Yes N, L, R Yes Low High Difficult N, L Yes High Medium/Low Yes N, L Yes Low Medium Yes N, L Yes High Medium/Low Yes Page 6 railway) Factory Landfill Soil & ground contamination Refinery Hazardous waste disposal Open mine Golf course Ecological impacts Visual and landscape impacts Odours Light Highway Industrial park, incinerator, landfill Refuse transfer station, wastewater treatment plant, landfill Golf course, playground Normal operation Normal operation N No High Medium/Low Yes N, L High Medium/Low Yes Accident or plant failure Accident or plant N, L Low Medium Low High Yes, but costly Difficult Normal operation Normal Operation Normal operation N, L Yes (through groundwater contaminatio n) Yes (through after-use) Yes (through after-use and migratory pathways) No High High No N,L No Low Medium/Low Yes N,L No High No Normal operation N, L No High Depending on the sensitivity of the habitats and wildlife therein Medium/low Normal operation N, L No High Low Yes Normal operation N, L No High Low Yes N, L Page 7 Yes Vector insect/ pest Long term health effects (chronic exposure) Health and Safety Impacts Short-term health effects (acute exposure) Explosion and fires Infectious disease parks, airports Refuse transfer station, landfill, incinerator Hazardous/ chemical waste facility Incinerator Electromagnetic installation Radioactive facility Hazardous/ chemical waste facility Incinerator Electromagnetic installation Radioactive Oil depots and refinery Infectious disease medical centre Normal operation N, L Yes High Medium, low Yes Normal operation N,L Yes High High/Medium Yes Normal operation Normal operation N,L Yes High High/Medium Yes N,L Yes High Medium/Low Yes Normal operation Accident or plant failure N,L Yes High High/Medium Yes N,L,R Yes Low High Difficult Accident or plant failure Accident or plant failure N, L, R Yes Low High Yes N, L Yes Low High Yes Accident or plant failure Accident or plant failures N, L ,R Yes Low High Yes N, L Yes Low High Yes Normal operations Accident or security failures N, L Yes Low High Yes N, L, R Yes Low High Yes Page 8 Social Impacts Economic Impacts Stigma associated with undesirable facility Aesthetic impacts on local environment Depressed land and property values, stagnant development, decline in business and economic investment Normal operation N, L No High Medium/Low Yes Normal operation N, L No High Medium/Low Yes Normal LULU causing operation detrimental impacts upon the social and economic profiles of the community N, L No High High/ Medium Yes Facility labelled as “hazardous” or perceived as environmentally or socially undesirable Industrial park, incinerator, landfill, cemetery Page 9 On one hand, impact assessments should be carried out objectively, based on sound scientific and technical data and methods. On the other hand, stakeholders’ perceptions of such impacts and risks are subjective and influenced by a variety of social, political and economic factors. Both the objective data and the subjective perceptions should be carefully studied in the siting of LULUs. Most literature reviewed focuses on LULUs such as hazardous waste treatment facilities, nuclear power plants, nuclear waste disposal sites, and waste treatment and disposal facilities like incinerators, landfills and waste recycling centres (Table 2). Table 2: Examples of Intensively Studied LULUs in the Literature LULUs Hazardous waste treatment facilities Nuclear power plants Nuclear waste disposal sites Waste incinerators Landfills References Andrews & Pierson 1984; Castle, 1993; Elliott 1984; Fareri & Ligteringen, 1998; Gerrard, 1994; Gregory & Kunreuther 1990; Gregory, Kunreuther & Easterling 1990; Groothuis & Miller, 1994; Huitema, 2002; Hunter & Leyden, 1995; Kellow, 1996; Kuhn & Ballard, 1998; Kunreuther, Easterling & Richards, 1991; Kunreuther & Easterling, 1996; Lidskog, 1997; Lindell & Earle 1983; McQuaid-Cook, 1992; Portney 1984, 1985, 1991; Rabe, 1991, 1992, 1994; Rogers, 1998; Sien, 1996; Spies et al. 1998 Aldrich, 2005; Lesbirel, 1990, 1996, 1998, 2000; Ohkawara, 1996, 1999; Yoo, 1996 Benford, Moore & Williams, 1993; Johnson, 1987; Kraft & Clary, 1991; Kunreuther, Easterling, Desvousges & Slovic, 1990; Sjöberg 2003; Slovic, 1991 Hsu, 2006; Lober & Green, 1994; Löfstedt, 1997; Petts, 1992, 1994, 1995; Rahardyan, Matsuto, Kakuta & Tanaka, 2004; Reams & Templet, 1996; Zeiss & Atwater, 1987, 1990 Al-Yaqout, Koushki & Hamoda, 2002; Bacot, Bowen & Fitzgerald, 1994; Elliott et al., 1993; Elliott et al,. 1997; Furuseth, 1989; Himmelberger, Ratick & White, 1991; Okeke & Armour, 2000; Rahardyan et al., 2004; Shen & Yu, 1997; Snary, 2002; Tuan & Maclaren, 2005; Wakefield & Elliott, 2000 Popper (1981, 1987a) quotes a U.S. national poll on environmental issues conducted by Resources for the Future in 1980, which suggests there may be a general consensus on which LULUs are most unwanted by the public. Assurances were given in the poll that each of the five facilities (a 10-storey office building, a large factory, a coal-fired power plant, a nuclear power plant, and a hazardous waste disposal site) “would be built and operated according to governmental and safety regulations” and, in particular, that the disposal site would be “regularly inspected for possible problems”. The poll revealed that people objected least to the 10-storey office building and most to the nuclear power plant or a hazardous waste disposal facility. Only 10 to 12 percent of the population would voluntarily live a mile or less Page 10 from a nuclear power plant or hazardous waste facility, compared to about 25 percent willing to live the same distance from a coal-fired power plant or large factory, and nearly 60 percent willing to live that close to a ten-story office building. Majority acceptance of the factory and coal-fired plant was reached before the distance exceeded 10 miles, whereas neither the nuclear power plant nor the hazardous waste disposal facility reached majority acceptance until the distance reached 50-100 miles. Based on the poll results, Popper (1987b) concluded that LULUs which most seem to threaten low-probability/ high consequence events (e.g., nuclear power plant and hazardous waste sites) are the most objectionable to the public. Armour (1991) echoes the findings of the above poll and similar public opinion surveys in Canada which confirm that proximity of a LULU, the type of facility and its perceived externalities are the key factors influencing people’s responses. In short, the most unwanted LULUs are the ones which threaten the largest negative externalities as perceived by the public. 2.4 Inequity between Benefits and Costs (Impacts) A LULU often satisfies strong non-local public need or private demand and offers (or appears to offer) large regional or national benefits, but its environmental, health and safety, social and economic costs fall mainly on the immediate locality or neighbourhood (Popper, 1981, 1987a). In other words, the benefits of such facilities are usually broadly distributed but most of the costs tend to be localized. The spatial asymmetry of costs (i.e., externalities on the surrounding areas) and benefits (i.e., functions or services provided by the LULU to the region or nation) is often inequitable (Popper, 1981, 1987b). This is often the key public problem posed by LULUs as described by Wolsink (1994): “The NIMBY phenomenon arises when, in order to provide a public good, a local facility must be constructed. The disadvantages are all at the local level, and the local residents feel that they are being saddled with the consequences of something that is of benefit to society as a whole. They enjoy few of the benefits, while the costs are concentrated in their own area. NIMBY is the result of a social dilemma characterized by a spatial separation of advantages and disadvantages.” This apparent inequity therefore must be addressed in all successful siting strategies for LULUs. 2.5 LULU Siting Strategies 2.5.1 Land Use Strategies Faced with the daunting task of providing the land uses or facilities needed by society, planners or proponents such as government administrations or agents and private sector entities typically take the approach of reducing negative impacts in the hope of enhancing the chance of acceptance by the community concerned. They seek to distribute and reduce the harm of LULUs through four land-use strategies (Popper, 1981): • Concentration: A new LULU may be concentrated into a few areas, for example, an undeveloped or industrial area, so as to reduce public resistance. Page 11 The concentration strategy works best when the areas of concentration have natural (e.g., environmental resiliency, green buffering) or manmade (e.g., preexisting factories or strip development) features that make them especially suitable for LULUs. However, the strategy may unfairly force LULUs into those sectors that are least able to resist them, such as poor, minority or underrepresented communities as has been documented in the U. S. (Popper, 1981). • Dispersal: Dispersal is the strategy of spreading out LULUs within a city or region. This strategy works best when the LULUs are small and can be widely separated from each other (e.g., low-income housing projects, lightly traveled rural and suburban highways). However, the strategy may fail to guarantee that the disadvantaged communities will not be affected due to an unfair spatial distribution of LULUs. It may create sprawl of LULUs (e.g., the spread of lightly traveled highways in rural and suburban areas) which may ignore environmental, economic, and social constraints in in certain areas (Popper, 1981). • Randomization: Randomization is the strategy of deliberately siting LULUs in a seemingly haphazard way. It frequently amounts to allowing the private market to make the siting decision. The strategy seems to work best when LULUs are divided into small pieces and scattered in different areas depending on their local economic and political situations. Examples are industrial parks, factories, components of strip development, halfway houses and residential development, which can be scattered to fit with local social, economic and political situations. The strategy may eliminate the costs of siting by government and may respond to local needs and desires. Yet the strategy may equally produce a problematic siting process with unpredictable environmental or social consequences and may also ignore the overall requirements and needs or benefits of the larger area (Popper, 1981). • On-site Mitigation: This strategy aims to minimize the adverse effects that a LULU imposes on its immediate vicinity while accepting its siting location. On-site mitigations such as stringent environmental regulation, zoning ordinances, public health or building regulations may reduce the environmental impacts of a LULU. Concessions or improvement of public services may mitigate the economic impacts associated with a LULU. On-site mitigation may lower a LULU’s environmental, economic and social costs. Yet the mitigation measures may not be as effective as expected or are not delivered as promised (Popper, 1981). 2.6 A New Perspective: Merging of the Horizons An emerging approach to resolving the conflicts in the siting of LULUs focuses on understanding the perceptions of the objectors and the proponents, and attempting to create a common understanding by merging the two separate horizons. Since the late 1980s, many researchers have focused on public reactions to LULUs (Burningham, 2000; Freudenburg & Pastor, 1992; Hunter & Leyden, 1995; Kraft & Clary, 1991; Kuhn & Ballard, 1998; Pushchak & Rocha, 1998; Wolsink, 1994). Freudenburg and Pastor (1994) suggest that the NIMBY response is often seen as: • Ignorant/irrational: the public are considered to be “wrong” and thus the Page 12 response of planning authority is either to educate them or simply to overrule them; • Selfish: Such protest is considered less important than that based on wider social and environmental concerns; or • Prudent: The public act reasonably based on good grouns, distrust scientists, see the siting problem in wider terms than the planning experts. The first and second perspectives are the most predominant views historically (Kraft & Clary, 1991; Hunter & Leyden, 1995). Freudenburg and Pastor (1994) conclude that all three perspectives try to explain what lies behind local protest and attempt to uncover the basis for their protest. However, rather than limiting discussion to any of the three perspectives, it is more fruitful to focus on understanding the broader system that creates such conflicts in the first place. From the 1990s till now, more researchers on NIMBY issues appear to be suggesting that the public may be rational and politically legitimate, and that local protest may serve a broader public interest. The following lists out some findings of NIMBY studies in the 1990s supporting this new, positive view of the NIMBY phenomenon: • The local community is reacting against a transfer of disadvantages in their own direction, rather than trying to pass it on to another community. They demand attention for the cause of the problem – e.g., the application of a particular technology or policy with severe environmental impact (Wolsink, 1994). As Gore (1992) recognizes, environmental awareness, including awareness of global environmental problems, begins with concerns about local environmental impacts. He even calls NIMBY effects “a healthy trend” for this reason. • Siting failure for hazardous waste facilities may be one of the critical turning points on the road to sustainable production, that is, a shift in focus from where to site a facility to whether a good is worth producing at all if its wastes are not suitable (Pushchak and Rocha, 1998). • The NIMBY phenomenon is a “checking factor” against ineffective decisionmaking. Community opposition develops from well-grounded concerns about the impacts of LULU siting and the fairness or equity of the siting process (Kuhn and Ballard , 1998). • In contrast with the negative depiction of “NIMBYism” in the literature, local protest against LULUs can be viewed as an essential starting point and an ongoing component of dynamic environmental movements addressing issues of government spending, sustainability, community and democracy (Burningham, 2000). • The use of the blunt NIMBY argument is a sign of frustration, and this approach is no longer appropriate to study facility siting issues which are complicated and multidimensional in nature (Wolsink, 2006). In short, it is evident that there is a new trend of positive assessments of the NIMBY phenomenon, which suggests that the public’s position on siting issues may be rational and politically legitimate. In other words, citizens may have a fairly good grasp of the issues and a reasonable concern for genuine risks to community health and welfare that may be ignored by technical and administrative authorities. From this perspective, local opposition may serve a broader public interest, for example, in identifying important weaknesses in expert Page 13 analyses underlying siting proposals and forcing consideration of a broader range of options, some of which may be more technically suitable or socially acceptable. (Fiorino, 1989a, 1989b). Only by understanding the true nature of public opposition can the siting problem be resolved satisfactorily and in the interest of the public. Open and sincere consultations and communications among stakeholders at the national/regional and local levels are of paramount importance for understanding multiple stakeholders’ perceptions and agenda, for working towards merging their respective horizons, and for finding a solution which is seen to be equitable and sustainable. 2.7 Summary LULUs serve to fulfill certain functions for society as a whole, providing benefits for local, regional or national communities. LULUs may be needed regionally or nationally, but are objectionable to the nearby people. LULUs generally impose (or are perceived to impose) negative externalities on the local neighbourhood and pose (or are perceived to pose) threats to their surroundings in the form of negative environmental, health and safety, social and economic impacts. Appreciation and understanding of these impacts is pre-requisite to a successful strategy for siting of LULUs. Detailed analysis of impacts of individual LULUs will require further elaboration on the criteria to be considered, assessment and the associated risks. On the one hand, impact assessments should be carried objectively based on sound scientific and technical data and methods. On the other hand, stakeholders’ perceptions of such impacts and risks are subjective and influenced by a variety of social, political and economic factors. Both the objective data and the subjective perceptions should be carefully studied in the siting of LULUs. Often, LULUs satisfy strong non-local public need or private demand and offer (or appears to offer) large regional or national benefits, but their environmental, health and safety, social and economic costs fall mainly on their locality or neighbourhood. In other words, the benefits of such facilities are usually broadly distributed but most of the costs tend to be localized. The spatial asymmetry of costs and benefits is often inequitable. This is often the key public problem posed by LULUs. This apparent inequity therefore must be addressed in all successful siting strategies for LULUs. Faced with the daunting task of providing the land uses or facilities needed by society, planners or proponents such as government administrations or agents and private sector entities typically take the approach of reducing negative impacts in the hope of enhancing the chance of acceptance by the community concerned. They seek to distribute and reduce the harm of LULUs through four land-use strategies (concentration, dispersal, randomization and on-site mitigation). An emerging approach to resolving conflicts in the siting of LULUs focuses on understanding the perceptions of the objectors and the proponents, and attempting to create a common understanding by merging the two separate horizons. A multi-stakeholder process based on trust, dialog, public participation and equity facilitates Page 14 the understanding of others’ perspectives, the merging of horizons and the search for common ground towards an acceptable solution. Figure 1 depicts a conceptual framework for LULU planning, siting and conflict resolution, which consist of the key components of : • • • • Needs and benefits, scale and distribution Impact types, scale and distribution Risk perception, assessment, management and communication Multi-stakeholder process based on trust, participation and equity for conflict resolution • Acceptable solutions based on merging of separate perspectives and horizons Page 15 Figure 1: Siting and Community Responses to Locally Unwanted Land Uses: The Conceptual Framework Political/Institutional Setting LULUs Stakeholders Nature of LULU Needs and Benefits Territorial Public & Interest Groups Government Community Response Risks Oppose Local Regional Perception Communication Assessment Management Planning, Siting, Conflict Resolution Acceptable Solution Impacts Trust Environmental Health and Safety Economic Public Participation Equity Social Multi-Stakeholder Process Geographic Setting Page 16 Welcome Environmental Setting Socio-Economic Setting Facility provider 3 Conflict Resolution 3.1 Public Opposition Review of literature on the subject shows a variety of concerns and views that fuel public opposition: • Public concerns about property values, aesthetics, or health and safety risks (Dear, 1992; Johnson, 1987; O’Hare, Bacow & Sanderson, 1983; Rahardyan et al., 2004) • Distrust of science and technology, a lack of confidence or trust in project managers or government regulators, and/or public misinformation (Kunreuther, Fitzgerald & Aarts 1993; Mazmanian & Morell 1990; Pijawka & Mushkatel 1991/1992) • Community concerns that are not adequately addressed through open meetings (Armour, 1991; Baxter, Eyles & Elliott, 1999; Petts, 1994, 1995). Community concerns about the physical, economic, social and political impacts of facility siting and these impacts are correlated with one another. Zeiss (1991) proposes a consecutive linkage running from physical impacts to beliefs and finally to attitudes. Physical impacts include health risks, nuisances, and environmental change, and these in turn generate nonphysical impacts, which are categorized into economic (e.g., property value decrease), social (e.g., stigmatization or loss of community image) and political (e.g., lack of fairness, lack of trust) impacts. He comments that fears about physical impacts affect attitudes as strongly as physical impacts themselves do. Therefore, a minor physical impact may trigger a very strong negative attitude toward a LULU such as a solid waste management facility. 3.2 Core Factors Affecting Community Concern and Attitudes Towards LULUs 3.2.1 Justification of Need in Community Perspective The notion of need for a facility has been characterized as “the fulcrum upon which all siting process rests”; this “need” refers to both rational determination and public recognition of the need for a facility (Laws & Susskind, 1991). Portney (1991) suggests that increased awareness of the need for facilities leads to a sense of shared interest in the facility's operation. In other words, if people accept the argument that there is a need for a facility, they may also accept some of the responsibility for responding to that need and then the siting process may have a chance of succeeding. Similarly, the Siting Credo (Kunreuther, Susskind & Aarts, 1993) stresses that when planning and building LULUs, every effort should be made to achieve agreement that the status quo is unacceptable. In particular, the stakeholders need to understand the trade-offs of different options and the consequences of doing nothing – not just now, but in the future as well. Another study by Kunreuther, Fitzgerald & Aarts (1993) shows that host community recognition of need is significantly correlated with facility acceptance by the public. The Alberta case studies (Kuhn and Ballard, 1998; McQuaid-Cook, 1992) underscores the importance of identifying the need from the host community perspective. A hazardous waste facility was seen to address the threat of economic loss and even community extinction in Page 17 Swan Hills after the oil field recession in 1982, and it was accepted by the public with 79% of voters in support. Therefore, if the facility can be framed so that it addresses existing discrepancies in the community, then the value of the facility to the community is likely to be much improved even before other incentives are added (Zeiss & Lefsrud, 1995). In short, new facilities must respond to real social needs and the needs should be defined and justified in the community perspective. 3.2.2 Impact Management The prevention and reduction of impacts and risks to the environment and to health are found to be effective in allaying community concerns in several studies (Zeiss, 1991; Zeiss & Lefsrud, 1995; Zeiss & Lefsrud, 1996). Among the siting objectives in the “siting credo” postulated by Kunreuther, Susskind & Aarts (1993), the following guidelines are related to impact prevention, reduction and management: • Choose the facility design that provides the best solution to the problem. • Fully address all negative aspects of the facility. • Guarantee that stringent safety standards will be met. Moreover, Kunreuther and Easterling (1996) advise that project proponents should focus on mitigating the negative impacts of a facility before introducing compensation packages to the community. Therefore, it is clear that impact prevention, reduction and management are very important in successful facility siting. 3.2.2.1 Impact Avoidance/ Prevention Zeiss and Lefsrud (1996) suggest that a detailed comparison of technical options, site characteristics, and environmental impacts for several sites should be used to evaluate the proposed site selection. Other researchers (Easterling, 1992; Kunreuther & Easterling, 1996) also support the conclusion that the chance of accepting a LULU is improved if it can be demonstrated through a comparison of alternatives that the proposed site and technology are the best. 3.2.2.2 Impact Reduction Engineering measures that control impacts are strongly preferred over remediation and compensation (Portney, 1985, 1991; Zeiss, 1991; Zeiss & Lefsrud, 1995, 1996). Aesthetic or nuisance effects can trigger more serious concerns about community image, health risk, etc. It is more effective to emphasize measures that will prevent them. 3.2.2.3 Impact Mitigation Zeiss and Lefsrud (1996) suggest that when impacts cannot be eliminated through prevention or control, the mitigation of effects through monitoring, remediation, cleanup, etc., is preferred. In summary, impact management through community choice of prevention, reduction and mitigation is an essential component of a siting proposal that must come before compensation Page 18 can be effectively negotiated. 3.2.3 Risk Perception and Communication 3.2.3.1 Risk Perceptions of Lay and Expert Risk in a broader sense can be defined as the possibility of an adverse outcome; it is inherent in any action, even in inaction (Lundgren & McMakin, 1998). Risk assessment is designed to aid in identifying, characterizing and quantifying risks (Slovic, 1987). Technical experts employ risk assessment to evaluate hazards, whereas the majority of public rely on intuitive perceptions and judgments of risks (Slovic, 1987). For technical risk assessors, there is only one true risk for any given hazard, usually based on the probability and the magnitude of negative outcomes, and it can often be reliably assessed (Cvetkovich & Earle, 1992). Hazard management is basically a matter of systematically applying the results of analytic risk assessments to identify areas of concern. For social scientists, environmental hazards are social issues and represent the interaction between physical and psychosocial characteristics which involves culture and value judgments. (Cvetkovich & Earle, 1992; Kates & Kasperson, 1983). Slovic (1987) finds that risk perception can be reduced to two main factors, “dread risk” and “unknown risk” (Figure 2). The “dread risk” factor includes risks that are considered uncontrollable, dreaded, globally catastrophic, having fatal consequences, not equitable, posing high risks to future generations, not easily reduced, increasing, and involuntary. Examples include nuclear weapons and nuclear power. The “unknown risk” includes risks which are indeterminate, unknown to those exposed, have a delayed harmful effect, or even unknown to science. Examples include chemical technology and electromagnetic field effect. DNA technology scores high on both the “dread risk” and “unknown risk” factors. An individual’s perceptions of the risk of any activity can be plotted against these two factors to show where the risks are acceptable. The “dread factor” is often considered more important, and the higher a hazard’s score on this factor, the higher the perceived risk and the more people want to see its current risks reduced. Page 19 Figure 2: Dread Risk (Factor 1) and Unknown Risk (Factor 2) [Source: Slovic (1987)] Factor 2 Unknown Risk Controllable Not dreaded Not globally catastrophic Consequences not fatal Equitable Individual Low risk to future generations Easily reduced Risk decreasing Voluntary Not observable Unknown to those exposed Effect delayed New risk Risks unknown to science Observable Factor 1 Dread Risk Uncontrollable Dreaded Globally catastrophic Consequences fatal Not equitable Catastrophic High risk to future generations Not easily reduced Risk increasing Involuntary Known to those exposed Effect immediate Old risk Risks known to science Public and technical views frequently differ on risks, as the experts see risks as synonymous with probability and expected annual mortality, whereas how the lay public assessment of risks is dependent on their experience and reports of the news media (Slovic, 1987). In other words, the lay-expert confrontation on the risk perception is due to the fact that they have different definitions of the risk concept (Petts, 1997). Indeed, such differences in risk perceptions have been noted for different sectors of society, such as the media, scientists, political leaders and environmental groups (Cvetkovich & Earle, 1992). 3.2.3.2 Social Amplification of Risks Furthermore, some researchers (Kasperson et al., 1988; Renn et al., 1992) study the social experience of risk and the dynamic processing of risks by the various participants in a pluralistic society. Kasperson et al. (1988) propose a new approach to study the social experience of risk, which integrates the technical assessment and the social experience of risk. The concept of social amplification of risk is based on the thesis that events relating to hazards interact with psychological, social, institutional, and cultural processes in ways that can heighten or attenuate individual and social perceptions of risk and thus shape risk behaviour. Behavioral patterns, in turn, generate secondary social or economic consequences (“rippling”) that extend far beyond harm to humans or the environment (Figure 3). In the case of facility siting, the secondary impacts of the risk or the “risk ripples” include conflicts within the community, the stigmatization of the facility and the community, the possible outmigration of residents, and a loss in property values (Kasperson, 2005). Renn et al. (1992) carry out an empirical study to investigate the functional relationships among five sets of variables that enter into the amplification process: physical consequences, amount of press coverage, individual layperson perceptions, public responses, and the Page 20 socioeconomic and political impacts. They find that: • Individual and social risk experience appears to be more strongly related to exposure than to actual casualties. Thus, an exposure of a few people resulting in several casualties is likely to be less influential for risk perception and public response than an exposure of many people that results in minor injuries or only a few casualties; • The processing of risk by the media, social groups, institutions, and individuals shapes the societal experience with risk, and plays a crucial role in determining the overall intensity and scope of societal impacts; • Events with widespread human exposure to risk received significantly more media coverage than events with low exposure; • The societal impacts of risk experience seem to be related to the shaping and modifying risk judgments through a variety of factors through the social processing of risks. 3.2.3.3 Risk Communication and Management Effective risk management is a process of reducing risks to a level deemed tolerable by society and assuring control, monitoring and public communication (Renn et al., 1991). In this definition, risk communication is an essential part of management. In recent years, it seems that more and more emphasis has been put on risk communication to resolve siting conflicts in the literature (Bier, 2001; Elliott, 1984; Fiorino, 1990; Halfacre, Matheny & Rosenbaum, 2000; Ishizaka & Tanaka, 2003; Kasperson, 1986; Lindell & Earle, 1983; Petts, 1992; Rogers, 1998; Sjöberg, 2003; Slovic et al., 1991; Snary, 2002; Wakefield & Elliott, 2000). According to the US National Research Council (1989) definition, risk communication is an interactive process of exchange of information and opinion among individuals, groups, and institutions, and this process is defined by levels of improvement in decisions, actions or policies aimed at managing or controlling health and/or environmental risks. Ishizaka and Tanaka (2003) depict in more detail what risk communication is about. They suggest it is a process in which each party (citizens, groups, governmental officials and public/private limited companies) repeatedly exchange information and opinions concerning “the risk estimated based on the scientific method”, “risk perception”, “countermeasures”, “risk assessment” and “the extent of acceptable risks”, basically to enhance the level of mutual understanding and trust. Additional information such as “cost effectiveness”, “benefits”, “environmental load”, etc. is exchanged to understand the trade-offs on environment, economy, and society. Ideally, this process leads to effective solutions to the problem and wide support from society (Figure 4). Page 21 Culture New Risk Area Industry Risk Related Behaviour Event Event Characteristics Portrayal of Event Company Societal Impacts Litigation Indirect Costs Directly Affected Groups Political Changes Protests Individuals Town Region Country Hazard Event Selection of Event Characteristics Information Flow Interpretation and Behavioral Response Spread of Impacts (Rippling) Type of Societal Impacts Figure 3: Simplified Representation of the Social Amplification of Risks [Source: Kasperson et al. (1988) and Renn et al. (1992)] Page 22 Some researchers have proposed ways to improve the risk communication process. Keeney and von Winterfeldt (1986) propose six major objectives of successful risk communication, including: • To better educate the public about risks, risk analysis, and risk management; • To better inform the public about specific risks and actions taken to alleviate them; • To encourage personal risk reduction measures; • To improve the understanding of public values and concerns; • To increase mutual trust and credibility; and • To resolve conflicts and controversy. Bier (2001) suggests that strategies of risk communication should include: • • • • Simple, vivid messages to raise awareness of a hazard; Explanatory tools such as diagrams, outlines, and analogies to educate people; Techniques of persuasion to motivate people to take action; Stakeholder participation processes to reach agreement on a controversial issue; and • Mechanisms by which people can monitor potentially hazardous situations in order to build trust. Apart from considering the objectives and strategies stated above, in 1988, the US Environmental Protection Agency (EPA) provided seven cardinal rules which are very practical and helpful in conducting a good risk communication process. They include: • • • • • • • Accept and involve the public as a legitimate partner; Plan carefully and evaluate your efforts; Listen to the public’s specific concerns; Be honest, frank and open; Coordinate and collaborate with other credible sources; Meet the needs of the media ; and Speak clearly and with compassion. Moreover, mass media may play an important role in the risk communication process. When the local media amplify environmental and social risks, mistrust can grow stronger (Upreti & Horst, 2004). Johnson-Cartee, Graham & Foster (1992/1993) analyze the content of newspaper coverage regarding the siting of a hazardous waste incinerator in Tuscaloosa County, USA, and find that: • Newspapers provided little background information about hazardous waste, hazardous waste disposal, risk assessment and cost-benefit analysis; • The coverage consisted primarily of hard news stories without seeking out additional sources of hazardous waste information that might have served as a check on both the proposals and the opposition’s objections; • The news pieces revolved around a theme of controversy and readers were provided with a snapshot of the politics of siting. They argue that it is critical for the public to receive informed and balanced coverage of the Page 23 policy issues, and they suggest that analysis is needed in the news coverage. News stories should detail the range of both costs and benefits associated with various policy proposals. It is also important to enlighten and educate the public rather then heighten the controversial nature of the occasion so that the public have the proper perspective to get involved in the siting process. Exchange of Information and Opinions Estimated Risk, Risk perception, Government officials Public/ Private Limited Companies, etc. Countermeasures, Cost effectiveness of countermeasures, Citizens, Civic Groups, etc. Acceptable risk, and Additional information Improvement of Mutual Understanding and Trust Effective Solution to Problems Figure 4: Risk Communication Model [Source: Ishizaka and Tanaka (2003)] Page 24 As noted by Slovic (1997), risk is socially constructed, and risk assessment is inherently subjective and represents a blending of science and judgment with important psychological, social, cultural and political factors. An effective risk communication process can introduce more public participation into both risk assessment and risk decision-making in order to make the decision process more democratic, improve the relevance and quality of technical analysis, and increase the legitimacy and public acceptance of the resulting decisions. 3.2.4 Trust 3.2.4.1 Trust Concept and Dimensions Trust is a concept widely identified as important to social interactions in disciplines as diverse as psychology, sociology, political science, economics, and mass communication in the past two decades (Poortinga & Pidgeon, 2003). It can be generally defined as “a psychological state comprising the intention to accept vulnerability based upon the behavior of positive expectations of the intentions of or behavior of another” (Rousseau, Fort & Budd, 1998). Some researchers have tried to identify the core elements of trust, i.e., what kind of evaluative judgments contribute to the creation or destruction of trust in the society. Renn and Levine (1991) identify five core components or attributes, namely: perceived competence (which represents the degree of technical expertise of the source); objectivity (reflecting the absence of bias in information); fairness (the degree to which the source takes into account all relevant points of view); consistency (the predictability of arguments and behavior based on past experience and previous communication efforts), and faith (which reflects the perception of the source's “good will”). Similarly, Kasperson, Golding & Tuler (1992) define social trust as “a person’s expectation that other persons and institutions in a social relationship can be relied upon to act in ways that are competent, predictable, and caring”. Kasperson et al. (1992) further propose four key dimensions that are important in the development and maintenance of trust including: commitment (as social trust involves some degree of vulnerability, one wants to make sure that the trustee is fully committed to the mission, goal or obligation); competence (since trust can only exist when a person or institution is competent in the thing it is obliged to do, someone should not only be committed to his or her responsibilities but should also fulfil them competently); caring (the perception that an institution acts in a way that shows concern for the people who put their trust in it); and finally predictability, in that people tend to trust people or organizations that are consistent. 3.2.4.2 Trust and Facility Siting In fact, trust is seen as one prerequisite for effective risk communication, and a lack of trust may exacerbate the community’s concerns about the risks of facility siting. In the US, research (e.g. Kasperson et al., 1992) has shown that there has been a broad loss of trust in leaders and in major social institutions since the 1960s. Together with growing public concern over health, safety, and environmental protection, these trends combine to make hazardous facility siting highly controversial. Pijawka and Mushkatel (1991/1992) show that the lack of trust in the Department of Energy is the key factor in the public’s opposition to the siting of the high-level nuclear waste repository, along with public perceptions of risks associated with the facility. Groothuis and Miller (1997) present a similar finding that social Page 25 distrust increases the perceived risk of a facility and influences the likelihood of accepting a referendum to site a hazardous waste disposal facility. In Asia, for example, the Republic of Korea, it has also been reported (Yoo, 1996) that new issues about value systems emerged on the nuclear arena after the nation’s democratization in late 1980s. The general public seemed to distrust the Korean government administration, although nuclear power was economically justified and technically feasible. People no longer assumed that public institutions always care about their best interests. Lack of confidence in the government conduced to subsequent rejection of the proposed siting of nuclear power plants. 3.2.4.3 Trust Building Trust is a primary property of the social capital that exists in society. Putnam (1993) has argued that it is built over time in the socialization of individuals into the political culture and in their encounters with others and the political system. Thus, it seems that trust is easier to destroy than to create (Slovic, 1997), and once distrust develops, it is very difficult to regain trust without wholesale changes to the siting process and/or the stakeholders involved (Covello, 1996). Thus, it is important to nurture trust within the process despite its fragility. Kunreuther, Fitzgerald & Aarts (1993) assert that practices like public participation, admitting past mistakes, avoiding exaggerated claims/promises and highlighting past successes can help establish or re-establish trust between siting agents/government and the public. Perhaps the ultimate solution to situations of distrust is “sharing of power… the empowerment of risk bearers, in the management of the risk or the facility” (Kasperson et al. 1992). 3.2.5 Equity One important aspect of community opposition is concern about fairness or equity of the siting process. The cause of the NIMBY phenomenon is actually a response to an inherent imbalance in the distribution of a facility’s benefits and costs. Costs in terms of human health and environmental and aesthetic impacts are concentrated in the hosting community, while benefits accrue to the whole community (Mazmanian & Morell, 1990). The hosting community may question why a facility should be located in their backyard and why they should bear its cost but not others. For example, McAvoy (1998) finds that the rural citizens in Minnesota who were opposed to the hazardous waste facility appealed to decision makers’ sense of fairness and argued that the metro area residents should assume the risk since most of the waste was produced in the urban area. The citizens’ opposition finally led to failure of the siting attempt. The equity problem is of increasing interest in the siting literature (Armour, 1992; Baxter, 1999; Greenberg, 1993; Lawrence, 1996; Lober, 1995; Rabe, 1992; Reams & Templet, 1996). Different forms of equity are discussed in the literature. For example, environmental equity and environmental justice are more general and broader principles, while social, spatial, procedural, intergenerational and cumulative equity are more specific principles (Lawrence, 1996; Baxter, 1999; Kasperson, 2005). Environmental equity and environmental justice are closely linked. Environmental equity concerns fairness in the distribution, both socially and spatially, of environmental risk based on certain criteria (e.g., in relation to generators of risks) (Baxter, 1999). It is considered to be one of the tractable principles for achieving environmental justice. Environmental justice embraces the broad principle that all people and communities are entitled to equal protection of environmental, health, employment, housing, transportation, Page 26 and civil right laws (Bullard, 2004). The environmental justice movement in the US started out as a series of local and often isolated community-based struggles against toxics and facility siting and gradually blossomed into a multi-issue, multi-ethnic, and multi-regional movement (Bullard, 2004). It is the convergence of two social movements – the social justice movement and the environmental movement. However, the term is more politically charged since it involves remedial action to affect the distribution of existing risks in addition to equitable distributions of new risks (Baxter, 1996). The US EPA defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies” (US Environmental Protection Agency [US EPA], 2006). Fair treatment means that “no group of people, including racial, ethnic, or socioeconomic groups should bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities”. Within the broad framework of environmental equity and environmental justice, social equity, spatial equity and procedural equity provide more specific and practical principles for guiding the siting process (Lawrence, 1996; Baxter, 1996). Social equity addresses the issue of fairness in the distribution of facilities, benefits and costs among stakeholders in the society. Spatial equity considers the fairness of locations and the allocation over space of facilities at the selected sites. Procedural equity is concerned with fairness in the planning process, especially for groups and interests traditionally under-represented in planning and decisionmaking. Kasperson (2005) also discusses the problems relating to intergenerational equity and cumulative inequity. The former is about fairness of distribution of costs and benefits among different generations, for example, between present and future generations. Kunreuther et al. (1990) finds that the perceived risk to future generations was an important determinant of willingness to accept high level waste disposal facilities, a finding supported by Kunreuther and Easterling (1990) and Easterling (1992). Cumulative inequity refers to problems arising from past siting and other actions that have created a legacy of risk-bearing in the community and region. In reality, different forms of equity issues may come to play in the siting process, and some may seem more effective in addressing the public concerns than the others. For example, Zeiss (1991) finds that procedural equity issues of prevention, control and mitigation overshadowed compensation (which is traditionally considered as a means to attain social equity) as effective and fair waste management practices. Similarly, Kunreuther and Easterling (1996) recommend that only after the community is convinced that adequate prevention and mitigation measures are in place should issues of compensation be raised. Thus, it is advisable that the facility proponent considers different forms of equity issues and understands the one(s) which is/are the most controversial in the siting process so as to properly address the public concerns. 3.2.6 Public Participation Public participation can generally be defined as “a process by which public concerns, needs, and values are incorporated into governmental and corporate decision making” (Creighton, 2005). “It is two-way communication and interaction, with the overall goal of better decisions that are supported by the public” (Irvin & Stansbury, 2004). Page 27 In the siting literature, much has been written on the benefits of public participation for increasing public acceptance of facilities and thus the probability of facility siting success (Armour, 1992; Kunreuther, Fitzgerald and Aarts 1993; Petts, 1995; Lidskog, 1997; Rabe, 1992). Further, public participation is also believed to foster trust, which in turn gives the community more procedural equity as they are involved in how siting decisions are made (Baxter et al., 1999). In short, it is regarded as a guiding principle for facility siting (Tuan & Maclaren, 2005; Beierle & Cayford, 2002). Table 3 shows the advantages of public participation in government decision making. It shows that both citizens and government benefit from the public participation process in terms of education, trust building and the capacity building of both parties. Moreover, public participation can also break policy gridlock, creating better policy and implementation decisions as outcomes. Similarly, Creighton (2005) summarizes the benefits of public participation as: improved quality of decisions with public input and considerations of new alternatives, minimizing cost and delay in the long run; consensus building among stakeholders; increased ease of implementation; avoiding worst-case confrontations especially if the public participation takes place early; maintaining credibility and legitimacy if the process is visible and credible; anticipating public concerns and attitudes; and developing civil society. Empirical research on the benefits of public participation has been limited until recently, when studies have begun to build a firm empirical base for these claimed benefits (Creighton, 2005). One recent example is the study by Beierle and Cayford (2002), who conduct an analysis of 239 public participation cases over the past thirty years in the United States. They evaluate public participation based on five social goals: (1) incorporating public values into decisions; (2) improving the substantive quality of decisions; (3) resolving the substantive quality of decisions; (4) building trust in institutions; and (5) educating and informing the public. They concluded that “The case study record of the past 30 years paints an encouraging picture of public participation. Involving the public not only frequently produces decisions that are responsive to public values and substantively robust, but it also helps to resolve conflict, build trust, and educate and inform the public about the environment”. Table 3: Advantages of Citizen Participation in Government Decision Making [Source: Irvin and Stansbury (2004)] Decision Process Advantages to Citizen Participation Education (learn from and inform governmental representations) Persuade and enlighten government Gain skills for activist citizenship Advantages to Government Education (learn from and inform citizens) Persuade citizens; build trust and allay anxiety or hostility Build strategic alliances Gain legitimacy of Page 28 Outcomes Break gridlock; achieve outcomes Gain some control over policy process Better policy and implementation decisions decisions Break gridlock; achieve outcomes Avoid litigation costs Better policy and implementation decisions However, Irvin and Stansbury (2004) also highlight how certain disadvantages of public participation processes may emerge and how they may be overcome by effective structuring of the processes if resources permit. As shown in Table 4, the disadvantages of public participation include: time consuming, costly, public opinion being ignored, the process backfiring and creating more hostility toward government. The outcomes include, for example, a worse policy decision if heavily influenced by opposing interest groups, and loss of decision-making control. Moreover, ineffective public participation can frustrate the development of trust, the satisfaction of equity and siting efforts if stakeholders and the authorities do not respect each other's values and do not agree on the principles and goals in the process (Baxter et al. 1999). Creighton (2005) commented that effective public participation should have the following characteristics: • Public participation is viewed as the way decision makers get the mandate they need to act; • The public participation process is well integrated into the decision-making process; • The interested public is involved in every step of decision making; • Programs are targeted to ensure the involvement of all stakeholders who perceive themselves to be affected; • Multiple techniques are used, aimed at different audiences. Commonly cited principles or strategies for constructing effective participatory practices in facility siting or environmental management issues (e.g., Armour, 1992; Beierle, 1999; Beierle & Cayford 2002; Creighton, 2005; Petts, 1995; Rabe, 1992) include early public involvement; continuous public involvement; provision of resources for capacity building; a collaborative environment; careful selection of a representative group of stakeholders; a transparent decision-making process to build trust; clear authority in decision making; competent and unbiased group facilitators; regular meetings; and adequate financial resources to support the potentially long learning and decision-making process. If the above principles are followed, there is a higher chance of achieving significant outcomes - more effective community decision making and a public that accepts the new policy as the most effective choice. Page 29 Table 4: Disadvantages of Citizen Participation in Government Decision Making [Source: Irvin and Stansbury (2004)] Decision Process Disadvantages of Citizen Participants Time consuming (even dull) Disadvantages to Government Time consuming Costly Pointless if decision is ignored Outcomes Worse policy decision is heavily influenced by opposing interest groups May backfire, creating more hostility toward government Loss of decision-making control Possibility of bad decision that is politically impossible to ignore Less budget for implementation of actual projects Page 30 4 Experiences of Siting of LULUs in Overseas Countries 4.1 Trends of Facility Siting Developments and trends in the siting literature show that there are increasing difficulties involved in facility siting and in managing siting disputes (Lesbirel, 2005). During the 1970s, early siting studies (Hamilton, 1979; Keeney, 1980) tended to focus on least-cost approaches to site selection. Such early attempts feature the DAD (decide-announce-defend) and technical screening techniques, with an emphasis on choosing minimum-cost sites and ranking those sites based on technical and economic efficiency criteria (Lesbirel & Shaw, 2000). During the 1970s and 1980s, the literature focused more on social and political aspects of siting, predominantly based on US siting cases (Lesbirel & Shaw, 2000). O’Hare et al. (1983) explain the reasons why communities oppose the DAD approach: “In the first stage, the developer makes a series of technical choices with his engineer, market analysts, and lawyers. He typically has no interaction with local government nor those who would be affected by his decisions. Because most developers lack eminent domain power, they often keep these decisions secret until the appropriate land has been optioned, initial environmental reports made, and one particular site chosen as the best. The developer then announces his technology and site package to the public. If he mentions alternatives, they often seem factitious. He appears to approach the public with a single firm decision camouflaged behind impossible alternatives. His strong position sets the stage for conflict.” Opposition emerged towards the DAD approach, which often involves no consultation with communities on site selection and thus breeds conflict and mistrust. Two trends emerged in the siting literature during the 1980s and 1990s (Lesbirel & Shaw, 2000). The first one is related to attempts to devise guiding principles for managing siting conflicts. The best example is the Facility Siting Credo (Kunreuther, Susskind & Aarts, 1993). It was developed by a group of practitioners and researchers at a national workshop on facility siting in the US in 1990. They formulated a set of guidelines for siting noxious and/or hazardous facilities. These guidelines were formalized in a Facility Siting Credo which focused on developing a workable and fair procedure for locating a facility (e.g., seek consensus through a broad-based participatory process, work to develop trust, etc.) as well as an outcome which satisfied distributional (equity) considerations (e.g., work for geographic fairness) as well as benefit-cost (efficiency) considerations (e.g., consider a competitive siting process, keep multiple options open at all times, etc.) (Kunreuther, Fitzgerald & Aarts, 1993; Kunreuther, Slovic & MacGregor, 1994). The Credo makes a distinction between a set of procedural steps that help create a participatory environment conducive to the development of trust and consensus building, and a set of desired outcomes that identify the goals that the procedures should be directed toward (Kunreuther, Fitzgerald & Aarts, 1993). Table 5 summarizes the principal elements of the Credo. Page 31 Table 5: The Facility Siting Credo [Source: Kunreuther, Susskind and Aarts (1993)] When planning and building Locally Unwanted Land Uses (LULUs), every effort ought to be made to meet the following objectives: 1. Seek consensus through a broad-based participatory process 2. Work to develop trust 3. Achieve agreement that the status quo is unacceptable 4. Choose the facility design that best addresses a solution to the problem 5. Fully address all negative aspects of the facility 6. Seek acceptable sites through a volunteer process 7. Consider a competitive siting process 8. Work for geographic fairness 9. Keep multiple options on the table at all times 10. Guarantee that stringent safety standards will be met 11. Fully compensate all negative impacts of a facility 12. Make the host community better off 13. Use contingent agreements 14. Set realistic timetables The second trend, developed in the 1980s and 1990s, emerged from siting experiences in countries other than the US (Lesbirel & Shaw, 2000; Lesbirel & Shaw, 2005; Shaw, 1996). For example, some studies (Rabe 1992 & 1994; Munton 1996) focused on siting experience in Canada, and explored whether the Canadian experience (particularly the hallmark case of Swan Hills, Alberta discussed in more detail in Appendix 1) has any implications for siting policies in the US. Other studies focused on analyzing the success factors leading to successful siting experiences (e.g., Dente, Fareri & Ligteringen, 1998), while some focused on public participation, risk perception, trust and fairness in facility siting (Barthe & Mays, 2005; Davy, 1996; Kunreuther, Slovic and MacGregor, 1996; Linnerooth-Bayer & Fitzgerald, 1996; Renn et al., 1996; Schneider et al., 2005; Vari, 1996) in several European countries. More recently, more (though still limited) studies have focused on siting experiences in Asian countries including Japan, Taiwan, the Republic of Korea and Thailand (Aldrich, 2005; Chiou, 2005; Lesbirel, 1996, 1998; Li, 1998; Ohkawara, 1996; Shen & Yu, 1996; Tuan & Maclaren, 2005; Yoo, 1996). However, as noted by Lesbirel and Shaw (2000), most of the siting literature is still heavily non-comparative in nature, particularly with respect to cross-national comparisons, and the comparative literature is still in its infancy (Huitema, 2002). 4.2 Siting Approaches and Processes 4.2.1 A Brief Review of Siting Approaches/ Strategies A siting approach is a broad strategy for designing and conducting a siting process (Lawrence, 1996). Different forms of siting approaches are described in the literature, and a brief review is provided in the following paragraphs. Page 32 Lawrence (1996) characterizes three major siting approaches as follows: • Environmental Suitability Approach (ESA) – an ESA seeks to minimize adverse and to maximize positive consequences. It represents a combination of rational planning, land suitability mapping and various qualitative and quantitative evaluation methods; • Social Equity Approach (SEA) – a SEA focuses on procedural and substantive fairness. Procedural equity pertains to fairness in the planning process, especially for traditionally under-represented groups in planning and decision making whereas substantive equity is concerned with the fair distribution of facilities and of benefits and costs among stakeholders and over space • Community Control Approach (CCA) – a CCA is premised upon a high degree of process and outcome control by interested and potentially affected individuals, groups and communities. Under the CCA, the community largely decides its own fate The above three approaches and their variations can be combined in a variety of ways, as illustrated conceptually in Figure 5. Table 6 highlights the subsets within these approaches. Besides these approaches, Lawrence (1996) also lists a range of site selection methods which can strongly influence both the site selection process and its outcomes. They include the groundwork that precedes the siting process; the siting process steps; the interactions between process and project characteristics; public, political and agency organizational and involvement procedures; and implementation. He also lists various conflict resolution instruments that can be used to resolve disputes that arise in the process of facility siting negotiations. These instruments include zoning, mitigation, compensation, licensing permits and court-based strategies. Kuhn and Ballard (1998) evaluated four Canadian siting processes from the perspective of public participation and access to decision-making authority. They identified two basic approaches to facility siting: • Closed Siting Approach – Adopting predominantly a technical perspective; this is the siting approach used by most proponents (Kunreuther, Fitzgerald and Aarts 1993). Its major characteristic is that the balance of decision– making power lies with the proponent. The closed approach uses a top-down process wherein environmental data are used to reduce a generalized study area down to a specific site. There are seven sequential stages under this approach: (1) goal identification; (2) project characterization; (3) selection of site specific evaluation criteria; (4) area and site screening; (5) site assessment and selection; (6) final detailed design; and (7) site decision. However, facility siting with a top-down orientation leads to only one outcome – an imposed decision (Armour 1991). Closed siting approaches often fail because social and political considerations are not given adequate consideration, not because of environmental or technical mistakes. As such, an alternative open siting approach has emerged that addresses public distrust, supports more effective public involvement, and shares decision-making power. • Open Siting Approach – This approach attempts to overcome the social and political constraints that lead to conflicting siting problems. One basic principle of this approach is that only communities or volunteers that would Page 33 accommodate to host a facility are considered as potential hosts. Seven sequential stages are identified under this approach: (1) establishment of general environmental criteria; (2) broad public consultation with interested communities; (3) invitation to participate; (4) consultation with interested communities; (5) site investigation; (6) community referendum; and (7) site decision. Communities are able to withdraw from the siting process at any time and for any reason, and this protects them from imposed decisions and reinforces the voluntary and cooperative nature of the approach. Figure 5: Site Selection Approaches [Source: Lawrence (1996)] Page 34 Table 6: Major Siting Approaches and Subsets [Source: Lawrence (1996)] Environmental Suitability Constraint minimization • Area screening/ identification • Site screening/ identification • Site comparison Social Equity Community Control Fairness: distribution of facilities • Unfair locations • Fair locations Location control • Voluntary communities/local veto • Voluntary site vicinity • Voluntary sites • Voluntary access routes • Combinations of above Opportunity maximization • Physical suitability • Existing facilities • Site rehabilitation • Compatible land uses • Available lands • Performance standards – private bids Fairness: distribution of costs and benefits • Avoid imbalances • Redress imbalances • Redistribute to more than redress imbalances Procedural control • Citizen siting authority • Siting partnerships • Citizen advisors • Use of third parties Service maximization • Service to facility • Service from facility Procedural fairness • Participant/intervenor funding assistance • Conflict resolution/consensus building • Community involvement Facility control • Needs analysis • Policy/programme options • Alternative technologies • Systems characteristics • Facility characteristics • Facility management Variations and combinations • Evaluation methods • Project type • Proponent type • Impact management methods • Environmental context • Siting requirements • Combinations Variations and combinations • Procedural fairness and location distribution fairness • Location distribution fairness and fairness in distribution of benefits and costs • Procedural fairness and fairness in distribution of benefits and costs Variations and combinations • Locational/procedural control • Procedural/facility control • Locational/facility control • Locational/procedural and facility control Kasperson (2005) notes that democratic countries have adopted different ways to deal with Page 35 siting problems. He generalizes that siting approaches seem to evolve from more technocratic ones toward more recent voluntary siting models, as follows: • DAD (decide-announce-defend) approach which usually refers to early attempts to site a project based on technical screening techniques. Rabe (1994) demonstrates that this approach has not worked for some time in North America due to strong public opposition to the siting process and outcome. • Participatory and voluntary approach which is developed in response to increased demands for more democratic processes, power sharing and transparency in siting. • Bartered consent approach which involves bargaining and compensation for negative spillover effects. This, however, is often seen as immoral in resolving siting conflicts because of increasing opposition to the use of compensation. • Voluntary/partnership siting approach which involves seeking to obtain greater voluntary acceptance of a project given expectations for greater public information, consultation and participation, and to engage community interests in partnership with developers in siting the project. However, Lesbirel (2005) comments that even though highly participatory and voluntary approaches seem to have worked marginally better than more traditional ones, they still have not reduced the transaction costs of siting in any meaningful way because forging social agreements on projects will continue to be problematic where such contested values polarize the positions of key stakeholders. Linnerooth-Bayer (2005) argues that siting failures arise from failure to take into account competing views of fairness in the context of major forms of social organization - hierarchy, market and egalitarian (Table 7). • Hierarchical approaches stress authority and procedural rationality. Fairness is settled by administrative determination. • Market approaches are distinguished by an emphasis on personal rights, freedoms and economic rationality. Distributive issues are settled by market interactions. • Egalitarian approaches reject the unequal social relations contained in both hierarchical and market views of farness. They morally abhor any procedures that perpetuate social inequalities. This is reflected in demands that unwanted projects should be sited in wealthy communities on environmental justice grounds. Page 36 Table 7: Proponents’ and opponents’ arguments for and against three siting approaches [Source: Linnerooth-Bayer (2005)] Proponents’ view Opponents argue that this approach: Hierarchical Approach Market Approach Egalitarian Approach Offers expert assurances that the most efficient or least risky site is selected Appeals to the notion of equal treatment of all citizens and increasing human welfare Enables the government to balance the burdens against other benefits and burdens in society Imposed burdens may be preferred to accepting burdens for monetary or other compensation Guarantees a Pareto superior outcome Leads to more social and economic equality Resolves the siting problem without force Discourages the activity generating the need for an unwanted facility Places responsibility on the developer to propose an acceptable technology and benefit package Places responsibility on the citizens to assess and approve the technology and monitor its performance Will lead to siting facilities in poor communities Involves the citizens in the process from the beginning Is too authoritarian and paternalistic Excludes viewpoints of citizens Will force citizens to trade off health and other burdens for monetary reward Gives too little credence to expert judgment Page 37 Will paralyze industrial economies with too many demands for changes in the system Hierarchical Siting Processes Robust Policy Space Market Siting Processes Egalitarian Siting Processes Figure 6: The Siting Policy Triangle [Source: Linnerooth-Bayer (2005)] Linnerooth-Bayer (2005) suggests that the key strategy in designing an effective deliberative approach to siting is to consider the moral boundaries of each of these cultural solidarities and to compromise based on appeals to cultural pluralities in a deliberative process (see Figure 6). 4.2.2 A Typology of Siting Processes Kunreuther, Linnerooth-Bayer and Fitzgerald (1996) propose one way to categorize differences in siting processes: by looking at decision authority and the openness of the process. • Decision Authority: This specifies which organization or group has the right to make the final selection of the site(s). For example, at one extreme is the case where the government has the authority to make a final decision independent of whether the community residents or the general public agree with it. At the other extreme is the ability of residents of the proposed host community to determine whether or not to accept a facility through some type of social consensus process such as a referendum. • Openness of the Process: An open process is one where there is active public participation, and the different interested parties have standing in the siting debate and access to relevant information about the site. In a closed process, decisions are made with little public involvement and cannot usually be challenged by the affected citizens. Figure 7 depicts a typology for characterizing siting processes by crossing Decision Authority on the X-axis with Openness of the Process on the Y-axis. Four quadrants are formed by the cross-over of the X- and Y-axis, including: (1) Open Process with Local Rights; (2) Closed Process with Local Rights; (3) Open Process with Developer Rights; and (4) Closed Process with Developer Rights. Examples of siting cases from Europe and North America are placed in these quadrants. Note that the controversy over siting a high-level nuclear waste repository in the US has moved from an open process with some local control to a closed Page 38 process with government authority. This shows that some cases may move from one quadrant to another over time. Such a typology provides a perspective on the advantages and challenges of using different siting strategies for attempting to site new facilities. Kunreuther, Linnerooth-Bayer and Fitzgerald (1996) conclude that a good siting process and a fair outcome will vary across individuals, interested parties and regions, and it is important to create mutual respect among those holding different concepts of fair procedures and outcome by building the required institutions. OPENNESS OF PROCESS Sweden (High Level Nuclear Waste) Open Alberta (Swan Hills) U.S. (1982) High Level Nuclear Waste DECISION AUTHORITY (Community) Developer Rights (National/ State/ County/ developer) Local (Community) U.S. (1994) High Level Nuclear Waste (Community) Switzerland (Wolfenschiessen) Closed Figure 7: A Typology of Siting Processes [Simplified from Kunretuther, LinneroothBayer and Fitzgerald (1996)] 4.3 Policy Instruments Beyond siting approaches, the nature and effectiveness of policy instruments are also important factors influencing the transaction costs of resolving siting conflicts (Lesbirel, 2005). The literature identifies two broad classes of siting instruments or tools for resolving siting conflicts: mitigation and compensation (Gregory & Kunreuther, 1990; Gregory et al., 1991; Jenkins-Smith & Kunreuther, 2005; Zeiss & Lefsrud, 1995, 1996). Mitigation and compensation policies are described in more detail in the following paragraphs. 4.3.1 Mitigation Policies Two basic types of mitigation measures are used in facility siting – engineering and institutional (Gregory & Kunreuther, 1990; Gregory et al., 1991). • Engineering mitigation is designed to reduce the physical and perceived risks of a proposed facility. It typically reflects well-defined probabilities based on Page 39 the past performance of related systems. It involves activities such as placing materials in secured underground storage tanks, designing long-term electronic site monitoring, or installing double liners and clay membranes around waste pools. • Institutional mitigation seeks to regulate the operation of a facility or to directly empower the local citizenry in the facility siting decision. It may involve imposing fines for accidental releases, establishing local representation on a facility’s governing board, providing additional information about facility impacts, or developing training programs for local health officials. It is particularly useful for overcoming mistrust in the siting process. 4.3.2 Compensation Policies Compensation measures emphasize cost-sharing and the redistribution of gains, utilizing payments of money or goods to address concerns of equity and fairness. Six general types of compensation are widely used in facility siting (Gregory & Kunreuther, 1990; Gregory et al., 1991). • Direct monetary payment: this approach is widely used in many nations including the US, Canada, Japan, Taiwan, the Republic of Korea and Vietnam (Lesbirel & Shaw, 2005; Munton, 1996; Shaw, 1996; Tuan & Maclaren, 2005). • In-kind awards: these approaches include replacing impacted resources, for example, building fish hatcheries to replace lost stock. • Contingency funds: these set aside funds to assure that a facility will meet its future financial obligations if an accident occurs. • Property value guarantees: this form of compensation protects homeowners and landowners by tying future price changes in the vicinity of a facility to those of a larger region. • Benefit assurances: these typically guarantee employment opportunities for community members or tie contracts for services and materials to local suppliers. • Economic goodwill incentives: this form of compensation includes general non-project expenditures, such as contributions to charities. Gregory et al. (1991) comment that compensation has a temporal dimension. It can be provided at the time a facility is sited (ex ante), while the facility is operating smoothly (interim) and/or after some negative event occurs (ex post). The timing of incentives can be critical and each option (i.e., ex ante, interim and ex post compensation) signals a different intent on the proponent’s part and satisfies a different need of the host community. There is growing evidence that compensation may not be as effective as a policy tool for resolving siting disputes (Kunreuther & Easterling, 1990, 1996; Portney, 1984, 1985; Smith & Kunreuther, 2005). Both Kunreuther and Easterling (1996) and Smith and Kunreuther (2005) have similar findings: they conclude that compensation is a promising strategy for gaining public acceptance for facilities on the low risk or benign end of the spectrum (e.g., landfills, prisons). However, it is subject to serious limitations when it comes to facilities that the public regards as particularly risky or of questionable legitimacy (e.g., radioactive waste repositories). The residents may view the offer as a bribe or “blood money” rather than as a form of benefit-sharing, and this may even intensify local opposition. They recommend that the proponent focus on mitigating the facility's impacts before introducing compensation. Page 40 Smith and Kunreuther (2005) further suggest that levels of support are likely to be higher where non-monetary compensation is offered first, as the communities may not view it so strongly as a bribe or “blood money”. Lesbirel (2005) argues that the political acceptability of benefits packages is likely to be dependent on the risks associated with projects. Smith and Kunreuther (2005) note that the commensurability of benefits to the risks may be more important than their absolute level in determining the effectiveness of compensation. For example, compensation is likely to be more successful if it satisfies residents’ concerns about economic equity (e.g., property value guarantees), health (e.g., medical costs), if it provides other risk-reduction measures (e.g., hospitals near an incinerator) or if it provides for the needs of the community (e.g., free garbage services in exchange for landfills). Therefore, the challenge for proponents in facility siting is how to design such a compensation package to persuade the hosting community to support the proposed facility. 4.4 LULU cases in Singapore, Canada, Japan and Taiwan Appendix 1 provides a synopsis of LULU planning and siting cases in Singapore, Canada, Japan and Taiwan. The key features of these overseas cases are summarized in Table 8. Page 41 Table 8: Examples of LULUs Siting in Other Countries Project Singapore Incineration plants Landfill LULU Type Scale of Needs /benefits Scale of Impacts Impact Type Life & Health Threatening? Main objector/ supporter Key concerns/ problems Waste facility Regional/ Local Environmental Territorial (Ulu (Air) Pandan, Tuas, Senoko and Tuas South) Yes No objection from nearby residents. Safety operation and environmental monitoring Waste facility Territorial Local (Offshore Semakau) No No objection from the public. Environmental protection and monitoring Environmental (Ecological) Page 42 Outcome/solution Facility sited. The public trusted the government's competence in siting and operation of the facility. All facilities were sited without public opposition. Facility sited. The offshore Semakau Landfill is the only landfill in Singapore in operation since April 1999, and the Singapore Government plans to open the western part of the landfill for recreational use. Canada Hazardous Waste Treatment Facility Waste facility Regional/ Local Territorial (Swan Hills, Alberta) Environmental (Air, chemical contamination) Yes 79% of Swan Hills voters supported the siting of the facility Safety operation and environmental monitoring Hazardous Waste Treatment Facility Waste Facility Regional/ Local Environmental Territorial (Montcalm, (Air and Manitoba) chemical contamination) Yes Residents expressed their support for the facility in a referendum. Safety operation and environmental monitoring Special Waste Management Facility Waste Facility Regional/ Local Territorial (Cache Creek and Ashcroft, British Columbia) Yes 60% of local residents originally supported the plan, but Mistrust of the facility's proponent in the siting process Environmental (Air and chemical contamination) Page 43 Facility sited. With an open and participatory siting process and the provision of a full package of compensation measures, the facility, which was viewed as addressing a local economic downturn, was sited successfully. Facility sited. A voluntary and open siting approach was adopted, incorporating the principle of comanagement between the proponent and community. Facility not sited. Integrated Hazardous Waste Management Facility Waste Facility Regional/ Local Territorial (West Lincoln, Southern Ontario) Environmental (Air and chemical contamination) Landfill Waste Facility Regional Environmental No (chemical contamination), nuisances and health impacts Energy Facility Territorial Local (Hamaoka) Japan Nuclear Power Plant Local (Aurum, Edmonton) Environmental and Health Impacts Yes Yes Page 44 support then evaporated Local Although Facility not sited. residents extensively involved in decisionmaking, citizens felt that they had no real ability to influence decisions, and considered themselves “losers” in the siting process Local Lack of Facility not sited community definition of facility need and community need, as well as the absence of effective impact reduction Local political leaders and local residents supported the project Concerns about safety issues Facility sited. The leadership took an approach which addressed local concerns in a legitimate way, ensuring that large, observable Nuclear Power Plant Energy Facility Territorial Local Environmental (Hohoku, and Health Yamaguchi Impacts Prefecture) Yes Nuclear Power Plant Energy Facility Territorial Local Environmental (Ashihama, and Health Mie Impacts Prefecture) Yes Nuclear Power Plant Energy Facility Territorial Local (Suzu) Yes Environmental and Health Impacts Page 45 Local residents and the local fishing cooperatives strongly objected to the project. They formed an alliance and protested to the local government. Local residents Local residents Strong opposition to the project because of public concerns about safety issues Strong opposition on the project because of public concerns about safety issues Strong opposition to the project because of public concerns about safety issues. Facility benefits could be obtained from accepting a nuclear plant. Facility not sited Facility not sited Facility not sited Waste Treatment and Disposal Facilities Waste Facility Regional/ Local Territorial (T City, Okayama Prefecture) Environmental (Air) Yes Local residents Taiwan Solid Waste Incinerator Waste Facility Regional Local (South Taoyuan Hsien) Environmental (Air) Yes Solid Waste Incinerator Waste Facility Regional Local (Changhua Hsien) Environmental (Air) Yes Local residents and antiincinerator self-help group Local residents Page 46 proponents had economic concerns due to the costly and timeconsuming process of building a nuclear power plant. Concerns about environmental risks, incomplete disclosure of information, incomplete public participation and inadequate communication procedures. Facility not sited. Residents’ distrust of municipal officers is the chief cause of the siting failure . Concerns about dioxin emissions and treatment of toxic fly ash Facility sited. Compensation and local political support. Concerns about compensation arrangements Facility sited. Compensation and local political support. Solid Waste Incinerator Waste Facility Regional Local (Chang Bei) Environmental (Air) Yes Local residents and antiincinerator self-help group Concerns about dioxin emissions and treatment of toxic fly ash Facility not sited. Local government did not support the project due to strong local objection. Petrochemical Energy Plant Facility Regional Local (Yulin Hsien) Environmental (Air and chemical contamination) Yes Local fishermen and local self-help group Concerns about environmental pollution Local (Taichung) Environmental (Air and chemical contamination) Yes Local Concerns about political and environmental community pollution. leaders. The local government decided to hold a public Facility sited. The facility was supported by local political leaders. The facility provider was committed to providing compensation and employment to local people, who viewed the project as helping to improve the local economy. Facility not sited. The facility provider withdrew the project because of local objections and the unfavourable conditions, such Chemical Plant Industrial Regional Facility Page 47 referendum to determine whether or not to site the facility. Other countries (e.g., United States, Spain and United Kingdom) High-level Energy Territorial Local Environmental Nuclear Facility (Yucca and health Waste Mountain, impacts Disposal Nevada, Facility US) as the fact that the siting decision would be made by referendum. Yes Local residents and local government Concerns about environmental and health risks and stigmatization effects Concerns about environmental risks, health impacts, lack of proper information and communication. Concerns about environmental risks, health impacts, lack of proper information and communication. Biomass Electricity Plant Energy Facility Regional/ Local Territorial (Cricklade, UK) Environmental (Air) Yes Local residents Waste Facilities Energy Facility Regional/ Local Territorial (Central Catalonia, Spain) Environmental and health impacts Yes Local residents Page 48 Facility not yet sited, though it has been approved by the Department of Energy. The project’s scheduled opening has been delayed for 19 years. Facility not sited. The failure was mainly due to the “there-is-noalternative” attitude of the developers. Facility not sited. The failure was mainly due to biased communication strategies (largely inspired by the DecideAnnounce- Defend principle), the underestimation of health and environmental risks, the little attention paid to possible stigmatizing effects, and ignorance about issues of geographical inequity. Page 49 5 Siting Problems in Hong Kong 5.1 Introduction 5.1.1 Hong Kong SAR: A Growing City Within a Confined Space The siting problem is intense in Hong Kong because of its large and growing population, rapid urbanization and development pace, and limited space available. Coupled with increasing public awareness of environmental and health issues and the demand for more public participation in the public policy making process, the siting problems in Hong Kong will become even more accentuated in the future. Hong Kong, situated at the south-eastern tip of China, is recognized as a world-class financial, trading and business centre and a world city. It has a total area of 1,104 square kilometers and a population of about 6.88 million (Hong Kong SAR Government [HK SAR Government], 2006). Hong Kong is also one of the world's most densely populated areas, with a population density of about 6,380 people per square kilometer (HK SAR Government, 2006). In the past two decades or so, Hong Kong has undergone rapid urbanization with many new development projects at the strategic or regional level. The following are examples of strategic environmental impact assessment studies undertaken for various land uses, transport planning and territorial developments (Environmental Protection Department [EPD], 2006) during the past two decades: • Port and Airport Development Strategy 1989 • Tseung Kwan O New Town Feasibility Study of Opportunities for Further Development 1989 • North Lantau Development Plan 1992 • Railway Development Study 1993 • Freight Transport Study 1994 • North West New Territories (Yuen Long District) Development Statement Study 1994 • Territorial Development Strategy Review 1996 • Studies on Future Strategic Growth Areas - North Western New Territories and North Eastern New Territories 1999 • Third Comprehensive Transport Study 1999 • Second Railway Development Strategy 2000 • Extension of Existing Landfills and Identification of Potential New Waste Disposal Sites 2003 5.1.2 LULUs: Increasing Needs and Higher Impacts (Actual or Perceived) Despite its small size and rapid development over the years, Hong Kong still has about 43% (or 48,200 ha) of its land area within the protected areas system, that is, designated as country parks, special areas or put under conservation zonings and protected for nature conservation purposes Page 50 (Environment, Transport and Works Bureau [ETWB], 2003). No development is normally permitted in such protected areas. A study report by the government shows that there is very little land in Hong Kong on which LULU facilities can be established without impinging on nearby residents or areas with high conservation value (EPD, 2003). As Hong Kong continues to develop at a rapid pace, more projects are forthcoming, with a pressing need to find appropriate sites in which to locate them. Meanwhile, as people are better educated and more aware of international environmental and health issues through the rapid flow of information through the 1990s, conflicts arising from LULU sitings became more common in different countries, especially Asian countries (Quah & Tan, 2003). 5.1.3 Responding to Changing Social and Political Profiles Also, as Hong Kong continues to grow, we can afford neither to ignore the LULU siting problem, nor to stick to the conventional mode of decision-making, of the decide-announce-defend (DAD) type characterized by over-reliance on expert advice. In fact, the recent controversies over reclamation in Victoria Harbour and the demolition of the clock tower and Queen’s Pier signify increasing aspiration for a better quality of life and greater participation in public policy making. Ng (2007) comments that the existing consultation process for land use in Hong Kong is “flawed” and suggests that Hong Kong needs a participatory planning process to help decide on land uses that will deliver quality planning outcomes. A similar comment is found in Loh (2007), who comments that the government failed to carry out proper public consultation on the Harbour reclamation and the public was never given a fair opportunity to raise objections to the reclamation or to demolition of the clock tower and Queen’s Pier. As social and political profiles evolve towards more open government and a more participatory and transparent decision making process, the LULU siting policy will need to respond to these changes. 5.2 Cases of Siting of LULUs in Hong Kong Conflicts arising from the siting of LULU facilities have aroused much concern in the past and are expected to become more aggravated in the future. In the past decade or so, a number of LULU facility siting cases in Hong Kong have aroused public concern because of their externalities on either ecological sensitive areas or nearby communities. Based on secondary data analysis, including the literature, government information and newspapers, the following siting cases are summarized in Appendix 2: • Proposed Liquefied Natural Gas (LNG) Receiving Terminal and Associated Facilities by China Light and Power Company Limited (CLP) • Proposed Waste Incinerator by the Hong Kong SAR Government • Upgrading of the Chemical Waste Treatment Centre by the Hong Kong SAR Government • Proposed Landfill Expansions by the Hong Kong SAR Government • Proposed Central Slaughterhouse by the Hong Kong SAR Government • Proposed Columbarium and Crematorium Facilities by the Hong Kong SAR Page 51 Government • Proposed Super Prison by the Hong Kong SAR Government • Sheung Shui to Lok Ma Chau Spur Line by the Kowloon Canton Railway Corporation (KCRC) • AIDS (Acquired Immunodeficiency Syndrome) Treatment Facilities by the Hong Kong SAR Government As a synopsis of the brief analysis of LULU cases given in Appendix 2, Table 9 summarizes the key feature of these cases. While each of these cases warrants more detailed study, it is evident that better understanding and communication of the needs/benefits, impacts/risks, and the social, economic and political profiles of the communities concerned are needed to address the conflicts arising from siting of LULUs. Only by truly understanding the public concerns and objections can we be able to solve the siting problem satisfactorily and in the public interest. Page 52 Table 9: Recent Examples of LULUs Siting in Hong Kong Project LULU Type Scale of Needs /benefits Scale of Impacts Impact Type Life & Health Threatening? Main objector Key problems Outcome/solution Proposed Liquefied Natural Gas (LNG) Receiving Terminal and Associated Facilities Energy facility Territorial Energy industry Local (Soko Island) Environmental (Ecological) No Green groups Proposed Waste Incinerator Waste Facility Territorial Territorial Local (Tuen Mun) Environmental (Air) Yes Green groups, local community in Tuen Mun Upgrading of the Chemical Waste Treatment Centre Waste Facility Territorial Local (Kwai Tsing) Environmental (Air, chemical contamination) Yes Local Community Inequity among districts Political and social profiles Proposed Landfill Expansions Waste Facility Territorial Environmental (Ecological) No Country and Marine Park Board Loss of conservation area, impingement of authority limits Proposed Central Slaughterhouse Industrial Facility Territorial Territorial (all country parks), local (Tseung Kwan O) Local (North District, Sheung Pledge of funding to improve local ecology. Remaining issue: How much compensation is enough, and how is it shared and managed? Better communication of impact assessment and risks Political dealings Consideration of alternatives Provision of local benefits Better communication of impact assessment and risks Political dealings Provisions of local benefits Better communication of benefits and impacts among wider spectrum of stakeholders Health and Safety Social Economic Yes Local community Risks of bird flu Decline of property value and development Reassurance from Government against risks of bird flu Consideration of Page 53 Insufficient justification of needs, equity between impacts and benefits Mistrust of incineration Inequity among districts Political and social profiles Proposed Columbarium and Crematorium Facilities Human Service Facility Territorial Proposed Super Prison Human Service Facility Territorial Sheung Shui to Lok Ma Chau Spur Line Transport Facility Territorial AIDS (Acquired Immunodeficiency Syndrome) Treatment Facilities Human Service Facility Territorial Shui) Local (Tuen Mun) prospects Inequity among districts Political and social profile Social No Local community Regional (Lantau and outlying islands) Local (Long Valley) Environmental Social No Lack of justification of needs and public consultation Environmental (Ecological) No Green groups, local community, politicians Green groups Local (Kowloon Bay) Health and Safety Social Yes Local community Misconceptions and lack of proper communication of risks and consultation Page 54 Insufficient consultation with green groups, lack of proper considerations of alternatives alternative sites Better communication of impact assessment and risks Political dealings Provisions of local benefits Project shelved. Alternative schemes with higher costs and less environmental impacts finally adopted after legal appeal. Better consultation and cooperation with green groups. Provision of benefits to improve local ecology and eco-tourism. Legal proceedings Better communication on impact assessment and risks Better public consultation 6 Conclusion A new and positive perspective of the NIMBY phenomenon has emerged in this post-modern world. Instead of being regarded as an ignorant response or irrational protest, it is increasingly being recognized as a well considered and legitimate public response to issues which underpin broader public interest such as public decision making, government spending, sustainability and democracy. Public opposition to LULUs can be attributed to a host of factors, such as unclear or unjustified need, significant impacts, risks and risks perceptions, social distrust, inequities and poor decision making processes. Siting approaches have evolved over time from the more technocratic or DAD (decideannounce-defend) approach to a more participatory and voluntary approaches as practiced in some Western nations. Mitigation (engineering and institutional mitigation) and compensation (monetary and non-monetary compensation) are the major siting instruments used by some countries. The effectiveness of mitigation and compensation may depend on the socio-economic and socio-political situations of the proposed site. Indeed, the siting of LULUs facilities is a dynamic process that is shaped by local characteristics of the site, including its environmental, geographical, social, economic and political characteristics. As such, different approaches and instruments are called for different countries and type of facility giving due consideration to the specific needs, concerns, values and character of the community, and the leadership and commitment of the government/proponent. The key is to nurture mutual respect among different stakeholders in the siting process so as to reach a socially acceptable consensus for the good of the public. This monograph has discussed the basic understanding of LULUs and the process of conflict resolution in siting of LULUs. While much of the existing research has focused on individual relevant aspects such as community characteristics (e.g., demographic characteristics), LULU characteristics (e.g., functions and impacts), or psycho-social responses (e.g., perception of risk and safety issues), a conceptual framework based on an extensive literature research of siting theories and case studies would help policy makers, planners, impact assessors and the public achieve a better understanding of the complex issues involved. This conceptual framework has been introduced in Chapter 2 and is depicted as Figure 1. To conclude this monograph, we shall return to this framework and trust that this will give us an overall picture and insights into the complex issues in the siting of LULUs. Forming the core of the framework are the three key components: • Nature of the LULU • Actor Interactions • Community Response Proper understanding of the nature of a LULU, its needs, benefits, impacts and risks, is essential. The interactions among actors are embedded in a multi-stakeholder process, which is multidimensional and multi-directional. The dynamic of this process influences and is affected by the understanding of the nature of the LULU on one hand, and the community response on the other Page 55 hand. Community response may be opposing or welcoming. The multi-stakeholder process may help merge the two horizons and extremes, towards finding a solution acceptable to all parties concerned for the good of society as a whole. Outside the inner core of the framework are the external political, social-economic, geographical and environmental settings which impose constraints on the whole conflict resolution process. However, opportunities can be explored under these settings to help shape the process and finding acceptable solutions. Hong Kong is, as it has always been, a dynamic and rapidly growing city. It faces changes in its economic, social and political arenas. The environmental challenges that Hong Kong faces are significant, although not insurmountable. “Work together harmoniously for another new miracle” is both a political slogan and a dream, whether illusive or realistic. This dream is challenged every time a LULU is proposed, and the risk of a shattered dream is real. 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X. 曾明遜 (1995d). “Linbi” sheshi guanli celüe (si) 「鄰避」設施管理策 略(四)[Management strategy of the NIMBY facilities (Part 4)]. Xiandai Dizheng 現代地政 [Contemporary Land Use Policy] 15(12), 18-21. Page 75 Appendix 1: Review of Siting Experiences in Singapore, Canada, Japan and Taiwan This section reviews LULU siting experiences in Singapore, Canada, Japan and Taiwan, each of which adopts different siting approaches (i.e., DAD, participatory/voluntary and battered consent approaches) and policy instruments in the siting process. The similarities and differences between them are compared based on three main aspects: (1) physical, socio-political and economic characteristics of the hosting community/region/country; (2) siting approaches and processes; (3) siting instruments - mitigation and incentives/compensation. Special attention is given to factors which have led to successes and/or to the lessons learned from the siting processes for managing siting conflicts in these countries. A1.1. Hazardous Facilities Siting in Singapore Singapore became an independent Republic in 1965. Owing to its limited land area and lack of resources, the government has had to fully use Singapore’s only natural resources – its people and the island’s strategic location – to meet its economic and social needs (Tan, 1999; Dale, 1999). The following provides a summary of the relevant key issues in the siting of LULUs, particularly hazardous facilities, in Singapore. (1) Physical, socio-political and economic characteristics: 1A. Geographical/ Land Use Singapore is an island of 699.4 sq km and comprises one main island (617.1 sq km) and some 63 offshore islands (Singapore Government, 2006). It has a hilly terrain in the central and northern parts of the main island (Tan, 1999). It has a total population of 4.351 million (2005 figures from Singapore Government (2006)) and the population density is 6,222 persons per sq km. Since 1958, Singapore has a Master Plan on clearly demarking siting of factories, commercial and residential usage (Yuen 1998; Dale 1999). The Master Plan is the statutory land use plan which guides Singapore's development in the medium term, over the next 10 to 15 years. It is reviewed once every five years, and translates the broad long-term strategies as set out in the Concept Plan into detailed implementable plan (Urban Renewal Authority [URA], 2006). Since the Concept Plan is a strategic land use and transportation plan, its broad strategies will be translated into detailed proposals through the Development Guide Plans (DGP) (Yuen, 1998; Tan, 1999). In total, 55 DGPs have been prepared for the whole Singapore as 55 respective planning areas between 1993 to 1998. The DGPs are concerned with planning and development at the local level and will set out land use details, development control parameters and urban A1-1 design guidelines. The DGPs seek ways to eliminate discordant development, including hazardous sites within an area if it poses a danger or nuisance to the surrounding residents (Sien, 1996). The overall aim of DGPs is to optimize land development potential of the local area and to guide both public and private sector development. The DGPs are displayed for public comment and any complaints about the use of a site for a facility that might be considered to be obnoxious or objectionable can be raised and dealt with at an early stage (Sien, 1996). As each DPG is completed and gazetted, it replaces the corresponding part of the Master Plan. In Singapore, the heavy and polluting industries are located on the coast and on nearby offshore islands, while medium and light industries are furthest from residential and commercial areas (Sien, 1996). A buffer zone of 50-500 m are provided depending on whether they are light, general or special industries (Yuen, 1998). The physical separation of such industries from populated areas helps to explain the absence of public pressure on industries arising from environmental pollution (Sien, 1996). 1B. Socio-Political Singapore gained the status of self rule in 1959 from the British colonial administration and subsequently, for a brief period (1963-1965), it became a part of the Malaysian Federation, before becoming a sovereign state on 9 Aug 1965 (Tan, 1999). Singapore has been widely known for its efficiency, strong government, limited democracy and economic priorities (Bell, 1997; Hwee, Li & Lin, 2005). The governing philosophy and ruling strategies of Singapore can be summed up as utilitarianism (pragmatism) and elitism (Hwee et al., 2005) and these two philosophies or ruling strategies are playing a significant role in facility siting in Singapore as explained below. One of the main themes about pragmatism is to ensure economic progress (Hwee et al., 2005). In facility siting, the Singapore government has shielded industries from public protests through a “forward looking land use planning” and the benefits have been interrupted growth and prosperity (Sien, 1996). Moreover, the Singapore government has established powerful legislation to enable her to acquire land A1-2 from individuals or organiszations, to enable land to be developed in an orderly manner and to maximize the value of the limited land (Sien, 1996). Sien (1996) states that there has been large scale relocation or shut-down of industries including the hazardous facilities in Singapore and such decisions of shut down or relocation are made entirely by the government without consultation with the people. The other long held belief and approach of the Singapore government is elitism (Hwee et al., 2005). It reflects the belief that leaders are the best judges and the guiding forces of the country’s destiny. According to Hwee et al., (2005), during the past two decades of nation-building in the 1960s through to early 1980s, the government did not consider it particularly important to consult Singaporeans or promote their participation in the political system. The relationship between Singapore government and its people is described to be “a long-standing one bonded by trust” and their relationship was built on the subtle consensus of tangible material returns in exchange for acceptance of a paternalistic regime. The ruling party People’s Action Party (PAP) would want the government-people relationship to be based on rationality rather than sentiment and that people should respect and trust the government and let the government rule the country without much hindrance (Hwee et al., 2005). However, as noted by Sien (1996), whether or not the public complaints will in time grow into organized public protests against siting of existing or intended hazardous facilities will depend in part on the credibility of the government in working for the good of the people in making decisions. 1C. Economic The strategy of Singapore economic development is to create employment and generate income through rapid industrialization (Tan 1999). The total GDP (Gross Domestic Product) in 2005 is S$194,359 million and the per capita GDP is S$44,669.96 (or US$31,457.25) (Singapore Government 2006). The per capita GDP in 2005 represents about 15 folds increase as compared to 1960 figure (S$3072.5) and 2-fold increase to the 1990 figure (S$21245.3) (Sien, 1996). (2) Siting Approaches and Processes: 2A. Siting Approaches The siting approach adopted by the Singapore Government is the typical DAD (decide-announcedefend) or top-down approach, as the decision-making A1-3 power lies with the proponent (Sien, 1996). The DAD or top-down approach generally exhibits seven sequential stages: (1) goal identification; (2) project characterization; (3) selection of site specific evaluation criteria; (4) area and site screening; (5) site assessment and selection; (6) final detailed design; and (7) site decision (Kuhn & Ballard, 1998). Once the facility design has been completed, a site is announced to the prospective host community. A process of education and defense of the project begins in order to “demonstrate” the environmental and technical credibility of the decision. Public input may be formally required in the siting process, but often with little or no room for negotiation, and the proponent is the decision maker determining the final outcome. 2B. Siting Processes The Urban Redevelopment Authority (URA) is Singapore's national land use planning authority. Land use planning for housing, commercial, educational and recreational facilities, roads and industrial estates and so on are included in the Master Plan. In the drawing up of the Master Plan, URA works with other government agencies to establish requirements for the various major land uses and facilities provision (Tay, 2006 pers. comm.). Polluting major items of infrastructure such as incineration plants and sewage treatment plants are usually located away from residential areas (e.g., on outlying islands and in industrial estate areas) (Sien, 1996; Tay, 2006 pers. comm.). Major infrastructure installations are zoned as "Utility" in the Master Plan. The draft Master Plan proposals are exhibited for public inspection for a minimum of 2 weeks. This is required under the Planning (Master Plan) Rules 1999 so that the public can lodge objections or make representations before the proposals are finalized by the URA (Tan, 1999). A1-4 (3) Policy Instruments: Mitigation As the planner and entrepreneur for the country, the Singapore Government uses planning to facilitate the optimal use of Singapore’s scare resources and to resolve development conflicts in the overall interest of the state for the common good (Yuen, 1998; Dale, 1999). In particular, the physical separation of polluting industries from residential areas has played an important role in mitigating or avoiding the possible public sentiments on the siting of the NIMBY facilities (Sien, 1996). For example, the National Environment Agency (NEA)'s solid waste disposal infrastructure comprises four incineration plants - Ulu Pandan, Tuas, Senoko and Tuas South, and an offshore Semakau Landfill (National Environmental Agency [NEA], 2006). A total of 2.55 million tonnes of waste was disposed of in 2005. More than 2.28 million tonnes or 89.4% of the refuse was incinerated, while the remaining refuse was landfilled. Three of the four incineration plants (Ulu Pandan, Tuas, and Tuas South Incineration Plants) are located in or near industrial estates, and the fourth (Senoko Incineration Plant) lies at the northern tip of the country. All are remote from residential areas. In fact, given such a physical separation between the incinerator plants and the residential areas, no situations have arisen where the building of an incineration plant has needed to be postponed or abandoned (Wong, 2006 pers. comm.). The Semakau Landfill (350 ha), the only landfill in Singapore has been in operation since April 1999 and is expected to last till 2040. The landfill was created by constructing a 7 km perimeter rock bund that encloses the sea between Pulau Semakau and Sakeng islands. It is lined with an impermeable membrane; leachate is processed properly and the environmental impacts are monitored. Moreover, mangroves are planted outside the perimeter bund for biodiversity conservation. The Singapore Government planned to open the western part of the landfill for recreational use in 2005 (NEA, 2004/2005). A1-5 Summary – Siting NIMBY Facilities in Singapore: In summary, two major factors contribute to the success of LULU siting in Singapore. Firstly, unlike citizens in many western countries who do not trust their governments but rely more on the public participation process and the private sector (Rabe, 1991), Singaporeans in general trust the government in their siting decisions, understand the need for these facilities, and accept the trade-offs (Quah, 2006 pers. comm.). Secondly, the Singapore government’s effectiveness in the planning of its scarce land resources is seen as a form of mitigation to pre-empt possible public complaints or sentiments arising from the siting of NIMBY facilities, as these polluting industries are physically separated from the residential areas (Sien, 1996; NEA, 2006). A1.2 Siting of Hazardous Waste Treatment Facilities in Swan Hills, Alberta, Canada The Swan Hills integrated hazardous waste facility, located in north central Alberta, stands as a hallmark of siting success (Dean, 2005; Harris, 1993; Kuhn & Ballard, 1998; McQuaid-Cook, 1992). The process began in 1981 and concluded in 1984. The Alberta Special Waste Treatment Centre, which includes treatment, incineration and landfilling, was officially opened in 1987 and became the first hazardous waste facility in Canada to be sited using both environmental and social criteria and employing the open siting approach (Rabe, 1991). The two innovative features of the process were that only communities that satisfied technical feasibility criteria would be eligible, and then only if they volunteered to be considered as a possible candidate (Rabe, 1992). It was also the only hazardous waste facility to be sited in North America during the 1980s (Tammemagi, 1999). The following provides a summary of the relevant key issues in the siting of the Swan Hills integrated hazardous waste facility. (1) Physical, socio-political and economic characteristics: 1A. Geographical/ Land Use Swan Hills, Alberta, is situated about 200 km northwest of Edmonton (Rabe, 1991; McQuaid-Cook, 1992). The site has a good transportation link to Edmonton and has no neighbouring land users, so that the support of nearby towns was not required (Tammemagi, 1999). In addition, the site has no value for agriculture or forestry, nor is it prime habitat for wildlife or birds (McQuaid-Cook, 1992). There is no adjacent surface water and no potential for flooding; the also site has a dense clay layer, providing a natural containment barrier for safety against contamination from any source (McQuaidCook, 1992). 1B. Socio-Political Swan Hills, Alberta, a town of 2,396 people, has a high level of trust in its elected local officials, mayor and councils (Rabe, 1991, 1992). The strong support of local political leaders was essential in building trust and grass-roots support in the siting process. Leaders emphasized the positive economic development potential of the facility, the voluntary nature of the exercise, the need for such a facility, and the concern that A1-6 1C. Economic wastes in the province, including their region, were currently being managed in an unsafe manner (Tammemagi, 1999). The mayor and council were proactive in encouraging citizens to attend meetings about the proposed facility siting (Tammemagi, 1999). There was a decline in the oil and gas industry in Alberta in the 1980s, and many areas, including Swan Hills, were considering options to the slumping oil and gas business. Therefore, from the community perspective, the proposed new facility could help overcome a decline in the oil and gas industry, provide new jobs, and also lure new industries and tourists in the town (McQuaid-Cook, 1992; Tammemagi, 1999). (2) Siting Approaches and Processes: 2A. Siting Approaches The siting approach adopted in the case of Swan Hills was the voluntary/partnership or open approach. Such an approach attempts to overcome the social and political constraints that lead to siting conflicts or gridlock. It has seven sequential stages: (1) establishment of general environmental criteria; (2) broad public consultation; (3) invitation to participate; (4) consultation with interested communities; (5) site investigations; (6) community referendum; and (7) site decision (Kuhn and Ballard 1998). A key feature is that the communities are able to withdraw from the siting process at any time and for any reason. This “opt-out” principle protects communities from imposed decisions and reinforces the voluntary and cooperative nature of the approach (Kuhn & Ballard, 1998). 2B. Siting Processes 2B(i) Pre-siting Consultation The government of Alberta established the Hazardous Waste Management Committee in 1980 to investigate the need for waste treatment, options for disposal and siting process reforms after recognizing that the traditional DAD approach would be unlikely to succeed (Kuhn & Ballard, 1998). The Committee proposed a siting process that involved the three main parties – the community, the private sector and the provincial government (Rabe, 1991, 1992). One key was an emphasis on voluntarism: only communities that offered to host the site would be considered. The private sector’s role was to plan and operate the facility. A1-7 The province was responsible for developing siting criteria and a public participation program. Siting criteria were applied through constraint mapping, which ruled out parcels of Albertan territory that were deemed inappropriate for various physical, biological, economic, social, and political reasons (Rabe, 1991). The siting constraint mapping was largely a result of exhaustive consultation with the public, an important part of the process that provided for extensive public participation at each stage (Rabe, 1991). In particular, an important policy of the public participation program was to be open and honest with the public at all times, and educate the public as to the nature of the hazardous waste problem and alternative remedies (McQuaid-Cook, 1992; Rabe, 1991). Particular emphasis was placed on communication from the very outset of the process. With the underlying theme of safety and protection of human health, the siting program worked to find candidate sites that were environmentally and socially acceptable (McQuaid-Cook, 1992). 2B(ii) Siting Implementation The Alberta Cabinet later created a Hazardous Waste Management (HWM) Team to identify a site for a facility under a siting policy of strict environmental and social criteria (Kuhn & Ballard, 1998). The HWM Team was committed to strong public involvement and public relations throughout the process. The independence of the HWM Team also helped to establish community trust by diminishing the fear of imposed decisions (Kuhn & Ballard, 1998). The public information and participation program was long-term and involved all stakeholders, including opposition groups; all information was made public (McQuaid-Cook, 1992). In particular, the information meetings and frequent sharing of technical and related reports with community organizations served an educational purpose and demonstrated to the public the need for the facility (Kuhn & Ballard, 1998). The public involvement and public relations for facility siting in Alberta occurred in four phases (Kuhn & Ballard, 1998; Rabe, 1991; Tammemagi, 1999): A1-8 (1) Phase 1 consisted of a broad public involvement program targeted at the provincial level. A total of 120 informational meetings were held throughout the province. (2) Phase 2 was a focused consultation program with communities that volunteered to consider hosting the facility. Fifty-two jurisdictions requested these consultation and analyses. Siting criteria were developed with the communities and applied through constraint mapping. (3) Phase 3 comprised the establishment of liaison groups in potential host communities. Altogether 14 communities expressed interest in continuing in the site selection process. Of these, nine dropped out either because of technical unsuitability or in response to strong public opposition. The remaining five communities held plebiscites in 1982, and Swan Hills, with 79% of voters in support, was selected as the host for the facility in 1984. (4) Phase 4 comprised the establishment of a postsiting liaison committee to ensure the continued support of the community during the construction and operation stages. 2B(iii) Post-Siting Liaison When Swan Hills was chosen by the Cabinet as the successful candidate for Alberta’s Special Waste Treatment Plant, a Liaison Committee was formed to liaise with the plant operator and with the Town Council to monitor plant construction and operations. This volunteer committee is in addition to the official channel of communication between the elected officials of the Town of Swan Hills and the Swan Hills Treatment Centre (EarthTech, 2005). Through the Liaison Committee, local issues are identified and addressed at regular monthly meetings with the operator in order to broaden the understanding of the operation of the Swan Hills Treatment Centre in the community and surrounding region. Swan Hills and area residents can raise issues and voice their concerns through the Committee. The Liaison Committee also facilitates regular tours of the facility and is involved in the review of annual environmental monitoring results. In short, the Liaison Committee functions to identify community issues related to facility operation and help communicate responses (EarthTech, 2005). A1-9 (3) Policy Instruments: 3A. Mitigation 3B. Incentives/ Compensation The principle used in site selection was that no site meeting the social criteria was accepted unless it could also meet basic environmental criteria. As such, during the site selection process, all areas with any environmental, biological, cultural or land use constraints were eliminated no matter whether they were socially acceptable or not. This constraint mapping based on the physical siting criteria helps safeguard both the environment and public safety (Kuhn & Ballard, 1998; Tammemagi, 1999). There were some possible economic and social advantages associated with the acceptance of the facility in Swan Hills. For example, the construction of a facility with an anticipated $45 to $50 million in capital costs and creation of an estimated fifty-five new jobs would boost the area's economy and its capacity to attract desired developments, such as a new hospital (Rabe, 1991). In addition, a comprehensive package of benefits to the community also formed a key part of the siting negotiations. For example, the crown corporation (a publicly held enterprise, which is quite common in Canada) provided the following: a grant of approximately $105,000 to cover expenses of town meetings, consultations with experts, travel expenses, hiring a consultant to review monitoring data, purchasing a van to transport town people to the site, and subsidized housing for approximately 35 family units. The private corporation responsible for development and operation of the facility supplemented these benefits with the following: golf course development, other educational, sporting and cultural activities, planting 400 trees for town beautification, and a special surveillance program for all facility employees (Rabe, 1991). Summary - Siting of Hazardous Waste Treatment Facilities in Swan Hills, Alberta, Canada: The siting of hazardous waste treatment facilities in Swan Hills established a model of success with public involvement early in the planning and design process (Dean, 2005). This effectively turns away from the DAD (decide-announce-defend) approach which failed repeatedly in Canada and the United States toward a more open and voluntary approach – a “consult-decideannounce-consult-improve” process (Rabe, Becker & Levine, 2000; Tammemagi, 1999). Some specific conditions led to the success of the Swan Hills case (Kuhn & Ballard, 1998; Rabe, A1-10 1991, 1992; Tammemagi, 1999) including: (1) allowing the public to understand and accept the need for the proposed facility through a public education and participation program; (2) provision of extensive opportunities for public participation early in the policy making process, and keeping the public informed and giving them access to information about the siting process; (3) commitment of the proponent to share decision making power with the community; (4) development of economic and related incentive packages for the host community to compensate for the inconvenience and potential risk they are accepting; and (5) recruitment of credible and capable policy professionals to guide policy making on complex policy issues and build trust during the process . A1.3 Nuclear Power Plant Siting in Japan Japan has consistently developed nuclear plants since the 1960s. According to Lesbirel (2003), Japan had 31 nuclear power plants in 1985 and 52 plants in operation by 2001, and it is expected that between 10 and 13 more power plants will be required by 2010. A key feature of the nuclear power plant implementation process in Japan is the indirect role played by the central government in creating innovative strategies (e.g., incentives and compensation tools) in an attempt to smooth the siting process (Aldrich, 2005; Lesbirel, 1990, 1996, 1998, 2000; Ohkawara, 1996, 1999). Another feature is the negotiations between private power companies and regional interests over the allocation of costs and benefits expected from the siting of the plants (Lesbirel 1990, 1996, 1998, 2000; Shaw, 1996). Both the Republic of Korea and Taiwan have modeled their institutions on Japanese institutions of compensation mechanisms in facility siting (Lesbirel, 2000). While the comprehensiveness of the incentive and compensation policy tools has helped Japan manage transaction costs historically, their effectiveness seems to be declining in the light of increased safety concerns and an increasingly active citizenry (Aldrich, 2005). The following provides a summary of the relevant key issues in the siting of nuclear power plants in Japan. (1) Physical, socio-political and economic characteristics: 1A. Geographical/ Land Use Almost all Japan’s nuclear plants and fossil-fuelled plants are found in coastal regions, due to geographical factors (mountainous inland regions offer little flat and stable terrain, and inland rivers cannot provide sufficient cooling waters); technical factors (the need to unload nuclear fuel from ports) and demographic factors (relatively sparse population density) (Lesbirel, 1996, 2000). A second distinctive feature is the relatively high concentration of plants at any given site. Even though Japan has a comparatively long coastline, site availability is limited in coastal regions due to climatic reasons, scarce land resources and competing claims on those resources, and the political acceptability of certain regions (Lesbirel, 1996). Coastal areas are the home of Japan’s domestic fishing industry, and fishermen have historically been the most A1-11 vociferous opponents of Japan’s nuclear program because they are concerned about the impacts of radiation on fish and on the fishing industry and about the discharge of wastewater into the surrounding seas (Lesbirel, 1998). 1B. Socio-Political After the 1973 energy crisis, the Japanese government recognized the importance of locating new nuclear power plants smoothly. It began taking a more active role in promoting a comprehensive energy policy and working to promote power plant location as a part of its energy policy (Ohkawara, 1996). In 1974, the government established the Dengen Sanpou (Three Basic Laws Related to the Development of Power Supply Regions), which aims to promote the development of nuclear energy (Aldrich, 2005; Lesbirel, 1990, 1996, 1998, 2000; Ohkawara, 1996, 1999; Shaw, 1996). The role of the national government is to provide some fundamental infrastructure to the regions where power plants are proposed, to improve the local economy and living environment (Lesbirel, 1996, 1998). In 1992, the Electric Utility Industry Council’s Subcommittee on Fundamental Issues worked out a new concept for “Regional Symbiotic Power Plants”. The philosophy is to think and act with the community to achieve self-supported promotion of the siting of existing or planned plants (Ohkawara, 1999). Ohkawara (1996, 1999) further developed the concept and proposed that power plants seeking regional symbiosis should consider three main elements: “Participation in the community”, “Openness to the community”, and “Harmony with the community”. For harmonious coexistence with the community, electric power companies must be fully aware of the various factors of the region in which they are located, including history, culture and social background. Without deep understanding of the basic structure of the region, an electric power company cannot possibly think or act with the community (Ohkawara, 1996). In retrospect, in the decades when the post war political order was retained, the central government had dignity and respect, and most local citizens accepted the decisions made by the central government (Ohkawara, 1999). It was relatively easier to obtain the acceptance of power plant siting by offering various economic benefits (Aldrich, 2005; Ohkawara, 1999). However, it became much harder to obtain public support for A1-12 siting after the mid-1980s because of increased safety concerns and an active citizenry (Aldrich 2005; Lesbirel 2000). For example, at least three power firms abandoned plans for nuclear plant siting in Hohoku, Yamaguchi Prefecture (1994), Ashihama, Mie Prefecture (2000) and Suzu, Ishikawa Prefecture (20040; and the reason for the abandonment of their plans was strong public opposition, which made the negotiations more difficult, costly and timeconsuming (Japan for Sustainability, 2004). As noted by Ohkawara (1999), money cannot buy support for siting; monetary compensation or subsidization is necessary but no longer sufficient. It seems that more needs to be done to resolve the difficulties of power plant siting in Japan. For example, addressing safety concerns through risk mitigation and creating more legitimate decision-making processes are important conditions for siting very risky projects (Kunreuther, Linnerooth-Bayer & Fitzgerald, 1996). 1C. Economic Power plants support the economy of the hosting and neighbouring areas. For example, 4,493 people were employed within the five power jurisdictions (Ohkawara, 1996). Moreover, the effect of a power plant on local government revenues is enormous. For example, power plant construction brings increased revenues in the form of property taxes and transfers from the central government (Ohkawara, 1996). (2) Siting Approaches and Processes: 2A. Siting Approaches 2B. Siting Processes Japan has adopted a battered consent or market approach to nuclear plant siting which involves bargaining and compensation, and places responsibility on the proponent to propose an acceptable technology and benefit package to the hosting community (Lesbirel, 1996). Although the government has legal jurisdiction over the electricity markets, private electric utilities are directly responsible for the planning and siting of power stations (Lesbirel, 1996). Site selection is based on five major criteria including: the existence of flat and stable terrain, the availability of cooling water, a relatively low population density (particularly for nuclear plants), accessibility to transportation routes and proximity to major load centres A1-13 (Lesbirel, 1996). These criteria yield two distinct locational features: almost all Japan’s nuclear plants are found in coastal regions, and they are highly concentrated at any one given site (Lesbirel, 1996). Power companies must notify a local government of their intent to site a plant, win public acceptance, obtain the necessary construction license, and receive an operating permit (Lesbirel, 1998). Public acceptance involves reaching broad social and political agreement on the proposal. The political consensus between the proponent and affected community interests is achieved though negotiations about how the expected costs and benefits of project development will be shared (Lesbirel 1996 & 1998). Siting processes in Japan have historically been characterized by a high degree of openness, with decision authority being clearly vested at the local community level. EPDCC (Electric Power Development Coordination Council) approval is the outcome of the negotiating process. There is considerable public involvement by local stakeholders in negotiations, local communities have veto power over placement decisions, and private developers and the national government have not been able to bypass local governments in siting energy or other noxious facilities. In short, open and pluralistic bargaining processes are a feature of siting in Japan (Lesbirel, 1996). (3) Policy Instruments: 3A. Mitigation 3B. Incentives/ Compensation In Japan, mitigation measures to reduce the impacts of and risks associated with power plants include, for example, minor and major design changes, plant location changes, the use of monitoring stations, and even delaying project development to give local communities more time to consider the new social and economic order that the development would bring (Lesbirel, 2000). Historically, Japan has used two sets of mechanisms - the Compensation Standards and the Three Electric Power Development Laws (Three Laws or Dengen Sanpou), to compensate for the risks associated with nuclear plants (Lesbirel, 1990, 1996, 1998, 2000). These mechanisms are A1-14 explained as follows: (1) The first mechanism is the Compensation Standards Governing Electric Power Development (Compensation Standards), developed by the Ministry of International Trade and Industry (MITI) in 1963 and later extended to cover power plants. The Compensation Standards require private utilities to offer direct monetary compensation to holders of legally recognized property rights in return for the transfer of those property rights. Recognised property right holders include individuals and groups with fishing, land and customary rights such as agricultural production, forest cultivation or capitalising on it as an asset (Lesbirel, 1996, 1998, 2000). Apart from monetary payment for property rights transfer, the Standards also explicitly allow the provision of other monetary and non-monetary forms of compensation to both property right owners and other community interests. Power companies may offer direct subsidies for community capital such as bridges and hospitals to increase the expected benefits of the project. They may also offer indirect subsidies such as preferential employment, preferential local purchases, symbolic and political compensation (appointment to regional decision making bodies). They may also provide contingent compensation to reduce the costs borne by future generations (Lesbirel, 1996, 1998, 2000). However, it is possible that under-the-table deals and bribery are also used in Japan (or other countries) in facility siting (Lesbirel, 1996). (2) The second mechanism is the Three Electric Power Development Laws: the Law for Bettering the Public Facilities of Communities Neighbouring Electricity Facilities, the Law for the Tax of Electricity Development and the Law for the Special Accounting System for the Tax of Electricity Development. These "Three Laws" were established by MITI in 1974. The aim of the Three Laws is to redistribute some of the gains arising from power plant development from the national community to local governments accepting power plants and to immediately adjacent governments in the form of social overhead capital. There are three elements in the provision of subsidies. Power companies are taxed on electricity sold, although the national public ultimately pays these taxes in the form of higher electricity prices. These taxes are then channeled into A1-15 a special account under the jurisdiction of the Ministry of Economy, Trade and Industry. Finally, they are redistributed to communities hosting facilities and to adjacent communities in the form of subsidies for local development and the provision of public infrastructure, such as roads, parks, hospitals and schools (Lesbirel, 1996, 1998, 2000). In short, compensation is an important component of the bargaining process in Japan for nuclear plant siting, and the various forms of compensation schemes are complementary to each other (Lesbirel, 1996). For example, the Compensation Standards essentially provide direct monetary compensation to property right holders and to a lesser extent to regional communities, while the Three Laws offer indirect monetary incentives to local and neighbouring communities to address intra- and inter-community distributional concerns. Summary - Nuclear Power Plant Siting in Japan: A key feature of facility siting in Japan is the market or battered consent approach. It makes use of a sophisticated set of institutionalized compensation mechanisms and arrangements to allow the project developers with considerably flexibility in managing complex bargaining processes involved in siting power plants (Aldrich, 2005; Lesbirel, 1996). These mechanisms were historically successful in the management of siting conflicts in Japan. However, with the increase of public concerns on safety and active citizenry, the siting process is less rosy than before and it seems that more needs to be done to address the public concerns on safety (e.g., risk communication and management) and build trust on the government institutions (e.g., through legitimate decision processes) (Lesbirel, 1996, 2000; Ohkawara, 1999). In short, Japanese experience suggests that formal compensation arrangements are a necessary, but not sufficient condition for effective siting nowadays. A1.4 Siting of Solid Waste Incinerators in Taiwan Due to rapid economic development, Taiwan's waste generation also grew rapidly from the 1980s to the mid-1990s. To address the solid waste crisis, the government of Taiwan adopted an incineration policy for waste disposal. The original policy involved construction of 36 municipal solid waste incinerator projects, to handle a projected 90% of Taiwan’s waste (EPA, 1999). In 2004, by which time 19 incinerators had been completed, EPA reviewed the government's waste management policy and decided not to build the other 17 incinerators due to strong local interests and public opposition, as well as the reduction in residential waste generation in recent years (EPA, 2004). The fact is that a NIMBY protest movement has emerged with Taiwan’s transition to democracy A1-16 since the mid-1980s, and the rise of the NIMBY movement has caused great public opposition to the siting of incinerators (Hsu, 2006). In response, both the Kuomintang (KMT) government and the more recent Democratic Progressive Party (DPP) government have used the strategies of compensation and local political support to assuage community opposition to the siting of incinerators. The following provides a summary of the relevant key issues in the siting of solid waste incinerator plants in Taiwan. (1) Physical, socio-political and economic characteristics: 1A. Geographical/ Land Use Taiwan is an island of 36,000 km2 carrying a population up to 23 million (Tourism Bureau, 2006). About two-thirds of Taiwan is mountainous, leaving only one-third of the island as habitable land (Shen & Yu, 1997). Twenty of the twenty-two completed solid waste incinerator plants located in Taiwan are found in the western and northern periphery of the island (EPA, 2007). This may be due to the fact that the western and northern side of the island has a better wind dispersion effect compared to the eastern side, helping to substantially minimize the impact of air pollution on local citizens. 1B. Socio-Political In the 1960s and 1970s, both the Kuomintang (KMT) government and the general public had a pro-development mentality. As a result, negative effects of industrial development were often ignored or discounted (Shen & Yu, 1997). In the 1980s, the NIMBY phenomenon gradually became a factor in Taiwan. To date, public opposition against existing or proposed solid waste disposal facilities is always identified as the most difficult problem encountered in solid waste management programmes (Hsu, 2006; Shen & Yu, 1997). One of the major social factors that contributed to the widespread NIMBY syndrome in Taiwan since the early 1980s is the rapid growth of environmental awareness among the general public (Shen & Yu, 1997). This may have arisen because of the significant increase in reports of environmental and health news by the mass media starting in the late 1970s. Another factor is related to the political liberalization in the 1980s in Taiwan. Many social movements have come to develop, and the 1980s has been described as “the age of social force” (Hsiao, 1989). After 1980, citizens gradually learned how to organize among themselves in order to challenge the government’s role in handling public policy, so A1-17 as to protect their basic rights. Such Taiwanese social movements have created a new type of action – namely extralegal actions or, more recently, self-help actions. Shen & Yu (1997) comment that such social actions (e.g., blocking or encircling the entrances to factories or sites in order to stop the normal operation or construction of the unwanted facilities) are an effective method of opposing locally unwanted land uses or facilities, forcing the local government to negotiate with the citizens. 1C. Economic The economy of Taiwan is well-known in the world, leading to the island being included among Asia’s “four dragons”. The affluent economy has raised the people’s living standards, but has also exacerbated the waste problem due to the typical mass production and consumption cycle. Waste generation in Taiwan grew rapidly from the 1980s to the mid-1990s. Due to the limited land available for constructing new landfills, the government of Taiwan adopted the incineration waste policy as a new alternative for waste management (EPA, 1999). Rapid urbanization and industrialization in the 1960s and 1970s has led to a sharp increase in the value of urban marginal land since the 1970s (Shen & Yu, 1997). The land values of urban marginal lands grew rapidly in parallel with the increasing land prices of most urban areas. Because of the sharp increase in land prices in many urban marginal areas in the late 1970s and early 1980s, owners of such lands were very sensitive and watchful of any factors that might influence the value of their lands. This was the main factor causing citizen opposition to government decisions to site locally unwanted land uses such as waste disposal or treatment facilities near their lands (Shen & Yu, 1997). (2) Siting Approaches and Processes: 2A. Siting Approaches Taiwan has adopted a battered consent approach to siting solid waste incinerators (Lesbirel, 2005). The government of Taiwan used compensation to induce the support of local communities and to reduce the intensity of local opposition to the siting of incinerators. However, unlike Japan, the compensation agreements were not reached through bargaining and negotiation among the involved stakeholders. They were generated by the central government and applied with the same standard to each incinerator siting case (Hsu, 2006). A1-18 Negotiation and agreement between the local communities and facility provider would only come after heated environmental disputes and conflict (Shaw, 1996). 2B. Siting Processes In Taiwan, local governments are responsible for selecting sites and issuing licenses for the construction of incinerators (Hsu, 2006). As Taiwan has transitioned to democracy, the role played by elected local politicians is becoming central to incinerator construction. Hsu (2006) reports that in the 1990s, unlike many other hazardous development facilities opposed by the opposition DPP party, incinerator sites proposed by the KMT government were supported by DPP controlled local governments and elected DPP county magistrates. Moreover, the issue of waste management has never significantly affected the outcomes of county magistrate’s elections. Without political risks, and coupled with the fact that the central government provides financial subsidies and technical consultancy to strengthen the capacity of local county governments in siting waste incinerators, elected local politicians have few reasons not to support the siting of waste incinerators in their local areas. However, the KMT government often took suppressive actions in dealing with local protests even if it had local political support, because the government usually treated such local protests as illegal activities (Hsu, 2006; Lai et al, 1999). In 2000, the DPP government took political power from the KMT. By the end of 2001, the EPA under the DPP government was still following the original incinerator construction program planned by the KMT government. However, in 2004, the EPA announced that “apart from the 19 incinerators already completed and in operation, the other 17 will not be built due to opposing political parties in each region as well as strong local interests and public opposition” (EPA, 2004). The decision to review the existing waste incineration policy was also due to the marked decrease in residential waste generation throughout Taiwan. (3) Policy Instruments: 3A. Mitigation The Taiwan EPA has set up a strict regulation and monitoring program for improving the safety of incineration A1-19 technology and the quality of incinerator operation. In particular, they report the level of dioxin, toxic fly ash and other air pollutants on the EPA’s web for public inspection (EPA, 2007). 3B. Incentives/ Compensation The strategy of using compensation to win the support of local communities and to reduce the intensity of local protest to the siting of incinerators is very common (Chiou, 2005; Hsu, 2006). The most common forms of compensation for siting incinerators include the following: • provision of community facilities (e.g., swimming pools, recreational sports facilities) • exemption from garbage fees • funds for the elderly • scholarships for students • subsidies for community activities Furthermore, innovations have been made in the design and appearance of incinerator plants to reduce public resistance. For example, the Beitou Incinerator in Taipei, opened in 1999, has built a revolving restaurant and observatory in the chimney tower. Such an innovative design is the first one in the world (Beitou Incinerator Worldwide, 2005). However, Hsu (2006) comments that without a mechanism for bargaining and negotiation between siting communities and incinerator developers, the use of compensation and symbolic public relations meetings have failed to achieve legitimate resolution and settlements. The literature (e.g., Chiou, 2005; Hsu, 2006; Li, 1998) stresses that technology and compensation alone are not likely to address all public opposition to the siting of incinerator plants in Taiwan. The expectation of public participation in the siting process should be fully addressed and satisfied. Summary – Solid Waste Incinerator Siting in Taiwan: The siting of solid waste incinerators in Taiwan has been strongly opposed, as shown by community protests which emerged with Taiwan’s transition to democracy from the late 1980s A1-20 onwards. The key strategies used by the Taiwan government to reduce or resolve public opposition are compensation and support from local politicians and government for incinerator siting. Nevertheless, without a mechanism for bargaining and negotiation between siting communities and incinerator developers, the use of compensation and symbolic public relations meetings have failed to achieve legitimate settlements (Hsu, 2006). To allay public concerns with dioxin emission and the safe operation of the incinerators, neither scientific persuasion nor compensation is likely to change the public’s attitude about incinerator siting. It is important to address public concerns by fully incorporating citizen participation in the whole siting process – from site selection, planning and construction through operation. A1-21 Appendix 2: Summary of Recent LULU Cases in Hong Kong Project 1. Proposed Liquefied Natural Gas (LNG) Receiving Terminal and Associated Facilities Proponent China Light and Power (CLP) Hong Kong Limited Type Energy facility Location Soko Islands Reasons of Siting Conflicts In 2005, CLP proposed to build a Liquefied Natural Gas (LNG) terminal in Hong Kong to secure a long-term supply of natural gas and meet air emission targets. An environmental impact assessment (EIA) study focusing on two site options – Black Point and South Soko – was submitted to the Environmental Protection Department in October 2006 (China Light and Power [CLP], 2005, 2006a). CLP stated that they engaged with stakeholders and the community in the course of the EIA study and held more than 350 seminars, meetings, workshops and exhibitions (CLP, 2006a). CLP announced that South Soko was the preferred option for the LNG terminal in September 2006 before they formally submitted the EIA report to the government in mid-October (CLP, 2006b). CLP also announced that there would be an enhancement plan associated with the LNG terminal project, including, for example, funding the establishment of marine parks, the deployment of artificial reefs, enhancement of educational and recreational facilities, and so on (CLP, 2006b). Six local green groups jointly objected to the South Soko option in mid-October 2006, arguing that “the inevitable impact caused by the construction and operation of the proposed LNG terminal to the ecology at and around the Soko Islands, including the Chinese white dolphin, is not justified” (Cheung, 2006a, 2006b; World Wide Fund For Nature Hong Kong [WWF HK], 2006). They called on CLP and the Hong Kong government to find other viable alternatives, and meanwhile urged the Government to designate the waters around the Sokos as a marine park due A2-1 Outcomes In January 2007, the EIA report was discussed by the EIA Sub-Committee of the Advisory Council on the Environment (ACE). The EIA SubCommittee referred the decision to the full Council pending further clarification from the proponent (Cheung, 2007). The report was discussed at an ACE meeting on 12 February 2007. It was endorsed by ACE with the conclusion that the project will have insignificant ecological impacts on marine life and noting that CLP has agreed to spend HK$100 million to enhance the marine and land environment of South Soko (Cheung & Wong, 2007). to its high marine conservation value (WWF HK, 2006). Some groups also raised the concern that the need for an LNG terminal in Hong Kong, and the appropriateness of having it constructed and owned by CLP, had not actually been evaluated or proved by independent parties (Cheung, 2007a; Green Lantau Association [GLA], 2007; Living Island Movement [LIM], 2007). The World Wide Fund For Nature Hong Kong (WWF HK) launched an on-line petition campaign against the proposed LNG terminal at South Soko Island in December 2006 and received 8,000 signatures against CLP’s LNG plan at South Soko (Cheung, 2007b. 2. Proposed Waste Incinerator Hong Kong Government Waste Facility Tuen Mun For some time, the Hong Kong SAR Government has been considering the development of an integrated waste management facility with incineration as the core technology for final waste treatment for Hong Kong (EPD, 2005). It was reported that the proposed incinerator would burn up to 5,700 metric tons of solid waste, making it possibly the largest scale facility in Asia (Yung, 2005). It was recently reported that the Government had completed a consultancy study on the site selection for such a waste incinerator, but the report has not yet been made available to the public (Huang, Ma & Ye, 2007). A local newspaper quoting a reliable source (Huang et al., 2007) reported that the consultancy report recommended Tuen Mun West as the site for the proposed waste incinerator . It is preferred to other site options because of its physical location, allowing emissions to be dispersed more easily without significant impacts on nearby residents. However, the local green groups have repeatedly voiced their concerns about the incineration plan and the health impacts of dioxin emitted from incinerators (Yung, 2005). A2-2 As the government has not yet formally released the site selection report, full details of the incineration plan and the proposed site are not yet available for public review and comment. However, based on the experiences of many other nations or cities, it is foreseeable that the siting of such a largescale incinerator will cause much public concern about environmental, health and safety impacts. One local community group, which opposes the incinerator, raised concerns about dioxin emissions and called upon the government to build it on a remote island (Huang et al., 2006). Some legislators are also concerned that the Government is too focused on waste incineration, and may drag its feet with regard to the recycling of waste (Yung, 2005). 3. Upgrading of the Chemical Waste Treatment Centre Hong Kong Government Waste Facility Tsing Yi The Legislative Council passed the Waste Disposal (Amendment) Bill, which includes the introduction of a Clinical Waste Control Scheme, in March 2006 (EPD, 2006). Additional facilities will be provided at the existing Chemical Waste Treatment Centre to receive and treat clinical waste collected in Hong Kong. This proposed upgrading works has caused serious health concerns and objections among nearby residents and the Kwai Tsing District Councillors, even though the government promised to spend HK$ 0.3 billion dollars to mitigate the impacts by providing noise abatement and recreational and leisure facilities in Tsing Yi (Legislative Council [LegCo], 2006; Cai & Mo, 2006). As the Legislative Council passed the Waste Disposal (Amendment) Bill, the Tsing Yi Chemical Waste Treatment Centre will be upgraded as planned, but it remains to be seen how the Tsing Yi community’s concerns about the health impacts can be fully addressed by the Government. In October 2006, some Tsing Yi residents and Kwai Tsing District Councillors demonstrated at the Tsing Yi Chemical Waste Treatment Centre and demanded that the government remove the treatment plant (reported by the South China Morning Post, 2006, October 9). Residents complained that the chemical waste treatment centre had turned their home from a beautiful district, home to 230,000 people, into a polluting factory. They also attacked the Government for failing to listen to their views and for upgrading the plant instead of moving it elsewhere. 4. Proposed Landfill Hong Kong Government Waste Facility Tseung Kwan O The three strategic landfills in Hong Kong will be full by 2015 instead of their designed capacity date of 2020 because A2-3 As the EIA report for the three proposed landfill Expansions Hong Kong’s waste arisings have exceeded the expected amount (EPD, 2005). As the existing strategic landfills are running out of space, the EPD has commissioned engineering and environmental studies to look into the feasibility of expanding the landfills. In September 2006, EPD consulted the Country and Marine Park Board regarding the proposed landfill expansion in Tseung Kwan O. However, members of the Board had reservations about the government’s plan to expand the existing South East New Territories Landfill (Parwani, 2006). In particular, they were very concerned that the planned expansion would encroach 5 ha into the Clear Water Bay Country Park. expansions is still in progress, it too early to judge the possible environmental and other impacts and how the public may react to them. The members were concerned about opening the floodgates of development into the Country Parks and causing irreparable damage to the natural landscape. They urged government to consider other alternatives to the plan. 5. Proposed Central Slaughterhouse Hong Kong Government Industry Facility Sheung Shui In early 2006, the Government proposed to build a central slaughterhouse with a capacity of 60,000 chickens a day in Sheung Shui, so as to reduce the risk of bird flu in the urban wet markets where poultry are currently processed (Moy & Yu, 2006). The proposed site lies about 200 meters from a residential area in Sheung Shui. Villagers and the Sheung Shui District Council strongly opposed the site because of the high bird flu risk to the local residents (Moy & Yu, 2006). In August 2006, after strong opposition from North District Councillors and the Heung Yee Kuk against the previously proposed site, the Government considered another site further from residential areas (Asprey, 2006). The Government warned that there is no backup plan if this A2-4 In the face of opposition from some North District Councillors, the Government decided to site the central slaughterhouse near Man Kam To Road - the second site option reported by Ming Pao (27 October 2006). The Government promised to implement strict operating controls to reduce the risks of bird flu during transport and processing. The facility second site location is rejected, and that they will consider importing chilled chicken from the mainland (Asprey, 2006). is expected to open in 2009. However, the second site also met with opposition from North District Councillors in October 2006 (Sun, 2006). The District Councillors are concerned that if the central slaughterhouse is sited in the second location, near Man Kam To Road, it may worsen the traffic situation in the district. Some also are worried that the plant, if sited in the North District, may affect the desires of the property developers to build more high-rise buildings in the area (Sun, 2006). 6. Proposed Columbarium and Crematorium Facilities Hong Kong Government Human Service Facility Tuen Mun In February 2006, it was reported that the Government was planning to build a dozen columbarium towers and crematorium facilities on the outskirts of Tuen Mun. The planned facilities will be able to store the remains of 300,000 people, helping to resolve the acute shortage of resting places for the dead (Chan, 2006). The site is considered ideal because of its size and remote location. It was reported that the government is assessing the impacts of the proposed columbarium on Tuen Mun and will consult the public in due course (Chan, 2006). However, the scheme has already drawn opposition from residents and district councillors, who say Tuen Mun District should not be treated as a dumping ground for unpleasant facilities (Chan, 2006). They are outraged over the plan for a huge columbarium near their homes because Tuen Mun District has already been saddled with all kinds of unpleasant developments such as a power station, landfill, cement works, recycling park, sewage treatment plant, aviation fuel receiving terminal and river trade terminal (Chan & Chan, 2006; Leung, 2006). However, it remains to be seen how the cumulative inequity suffered by Tuen Mun, home to many locally unwanted developments, may be satisfactorily resolved in the future. A legislator who is also the Tuen Mun District Councillor has said that the New Territories West Development receives inequitable treatment when compared with the East side. A2-5 Tuen Mun receives fewer resources but is always the target for unpopular infrastructure. He urged the government to care about the development of Tuen Mun and enhance its environment with improved facilities (Chan & Chan, 2006). 7. Proposed Super Prison The Hong Kong Government Human Service Facility Hei Ling Chau In May 2003, the Government sought HK$46.7 million in funding for a detailed engineering study to build a super prison on 114 ha of land reclaimed from the sea between the largely pristine islands of Hei Ling Chau and Sunshine Island, plus a massive fixed crossing to South Lantau (Security Bureau 2003). It was said that the super prison would solve the prison overcrowding problem in Hong Kong (Chok, 2004). However, green groups and other community groups such as the Living Island Movement (LIM), formed of Lantau residents concerned about the super prison project, raised strong objections to the super prison plan because of the government's failure to justify the need for the facility at this location, the failure to consider alternative sites, the lack of public consultation on need and site selection, and the expected significant environmental impacts of the proposed prison plan associated with the massive reclamation works and the bridge to South Lantau (Chan, 2004; LIM 2006; WWF HK, 2003). Because of the strong public objections, the Finance Committee of the Legislative Council split the project into two stages (Finance Committee of the Legislative Council, 2003). The first stage (costing around $7 million) involved a technical and sustainability assessment of different options for land formation and infrastructure. The second stage (costing around $40 million) is intended to cover more detailed assessments of the preferred development option. The Government undertook to report to the Finance Committee the findings of Stage 1 of the feasibility study A2-6 Because of the strong public opposition to the proposed super prison project, especially concerning justification of the need, the choice of siting and defects in the public consultation process, the Government decided to shelve the project and will not seek funding for Stage 2 of the feasibility study. This incident shows that justification of the need for a project and a proper public participation program are important to gain public support for siting LULUs/ NIMBY facilities. before proceeding to Stage 2. Stage 1 of the feasibility study started in September 2003 and was completed in May 2004 (Civil Engineering Department, 2004; Security Bureau, 2004a). The Government said they conducted two rounds of public consultation involving statutory/advisory bodies, a wide range of community groups, green groups, and other interested parties. However, the LIM said the Government lied and misled the public about the prison plan, and denied that there had been genuine public consultation about the need for or siting of the facility (Gentle, 2004). During the Stage 1 consultation, the majority of the respondents did not support the proposed project. The objections received by the Government fell mainly into the following categories: questioning the need for the prison project, demanding alternative solutions to solve the prison overcrowding problem, criticizing the site selection process, criticizing the failure to justify the need to co-locate penal institutions, questioning the need for a fixed crossing to South Lantau, questioning the cost-effectiveness of the project, criticizing the land requirement as excessive, pointing out potential security risks to nearby areas, and citing potential impacts on the environment and natural resources (Security Bureau, 2004b). The Government finally decided to shelve the project for the time being due to the fierce public opposition, and it will consider other options including development of existing penal sites to ease prison overcrowding (Cheung, 2004; Security Bureau, 2004b). 8. Sheung Shui to Lok Ma Chau Spur Line Kowloon Canton Railway Transport Facility Long Valley In 1998, the KCRC proposed to build a railway connecting Sheung Shui to Lok Ma Chau. The 7.4 km railway passing through Long Valley was gazetted in 1999. Long Valley is A2-7 Soon after the second EIA report was accepted, KCRC announced that they would set up an Environmental Committee under the chairmanship of a member of KCRC's senior management and In June 2000, the EIA report submitted by KCRC for the Spur Line Project was released for public consultation. Nine green group representatives to local green groups and the Hong Kong University Department of Ecology and Biodiversity united to protest the oversee the implementation of the routing of the Lok Ma Chau Spur Line through Long Valley mitigation measures (HKBWS, 1999). (Kowloon Canton Railway Corporation EPD received over 200 public objections to the EIA report. [KCRC], 2002). In October 2000, EPD rejected the Spur Line EIA report based on the potential environmental and ecological impacts The Spur Line Project of the project and the fact that alternatives had not been will soon be completed thoroughly explored (EPD, 2000). and will commence operation in 2007 In November 2000, KCRC lodged an appeal to EPD’s rejection of the EIA report. However, in July 2001, the EIA (KCRC, 2006). Appeal Board adjudicated and the appeal failed (EIA Appeal Board, 2000). Corporation (KCRC) the second largest freshwater wetland in Hong Kong, with high conservation value for bird biodiversity: about 220 species of birds have been recorded there (Hong Kong Bird Watching Society [HKBWS], 1999). In January 2002, KCRC submitted another EIA report outlining a tunnel/ viaduct option for public consultation. EPD issued the environmental permit with conditions in March 2002 (EPD, 2002), and the Government finally endorsed the project. 9. AIDS (Acquired Immunodeficiency Syndrome) Treatment Facilities Hong Kong Government Human Service Facility Kowloon Bay Disputes over the provision of AIDS treatment services in the Kowloon Bay Health Centre and protests from neighbourhood communities lasted for six years, from 1995 to 2000 (Chen, 2002). In July 1995, the residents of Richland Gardens learnt that the Kowloon Bay Health Centre would provide treatment A2-8 The dispute was settled in 2001 following an out-of-court settlement between three residents and the Equal Opportunities Commission. services for AIDS patients. They started to worry about the spread of HIV, the AIDS virus, and the impact of the centre’s development on the environment of the neighbourhood (Chen, 2002). In August 1995, residents of Richland Gardens signed statements objecting to the Government’s plan to build the Kowloon Bay Health Centre near their homes. In October 1995, the District Board also urged the Government to stop building the health centre at the proposed site and to create a leisure site in its place (Chen, 2002). Due to the residents' strong objections, the Government decided to shift the health centre 25 metres southward, slightly away from Richland Gardens. The Richland Gardens residents continued to oppose the plan and to protest through different channels (Chen, 2002). In October 1996, construction work began and residents tried to stop the project. The Health Centre was eventually completed in 1999. As the previous interdepartmental joint meetings on the clinic project had failed to ease the worries of the residents, the Government formed a Community Liaison Group for the Health Centre, hoping that it might lead to breakthroughs in communications with the residents (Chen, 2002). The staff of the Health Centre were verbally harassed by some residents outside the Centre, and some residents obstructed the staff from passing through Richland Gardens. In 1999, the Equal Opportunities Commission started a case study on the Health Centre and was prepared to consider prosecuting residents of Richland Gardens for harassing to the Centre's staff and clients (Chen, 2002). In November 2001, the Equal Opportunities Commission A2-9 Chen (2002) reviewed the role of the government and different agencies in the incident, and made some recommendations on facility siting and planning, communication and education about AIDS and AIDS patient services, public consultation, etc. in his study report. commenced legal proceedings against three defendants on the grounds of discrimination. Finally, with the help of the Community Liaison Group’s chairman and a district councillor, they negotiated an out-of-court settlement and the defendants wrote apologies for their acts (Chen, 2002). 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