1. BACKGROUND

1.1 Under the Environmental Impact Assessment Ordinance (EAIO), an Environmental Impact Assessment (EIA) study for the Cyberport Development has been conducted. The EIA report was approved in April 1999. Subsequently, the Applicant proposed to replace the conventional excavation method by a drill and blasting method for the construction of the Southern Access Road and part of the associated site formation works.

1.2 To address the potential environmental impacts of the proposed rock blasting works, an application (No. ESB-044/1999) for an EIA Study Brief under section 5(1) of the EIAO was submitted by the Applicant on 5 November 1999 with a project profile (No. PP-067/1999).

1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study.

1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the blasting and associated construction of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

(ii) the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate adverse environmental consequences wherever practicable; and

(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.

1.5 The engineering and safety aspects of the proposed blasting works will be examined separately by the relevant works department.

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:

(i) to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

(ii) to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;

(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(iv) to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction;

(v) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction phase of the project in relation to the sensitive receivers and potential affected uses;

(vi) to identify, assesses and specify methods, measures and standards, to be included in the detailed design and construction of the project which are necessary to mitigate these environmental impacts and to reduce them to acceptable levels;

(vii) to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

(viii) to identify constraints associated with the mitigation measures recommended in the EIA study; and

(ix) to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as the TM) are fully complied with.

3.2 The Scope

The scope of this EIA study covers the proposed project mentioned in section 1.1 above. The location of the project is shown in Figure 1. The EIA study shall address the likely key issues described below; together with any other key issues identified during the course of the EIA study:

(i) the potential air quality impacts arising from the blasting and associated construction activities, including dust and carbon monoxide;

(ii) the potential noise impacts arising from the construction activities; and

(iii) the potential impacts to the historic military pillbox at the Waterfall Bay.

3.3 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. During the course of the EIA study, the Applicant may make reference to the findings in the approved EIA report for the Cyberport development (Register No. AEIAR - 009/1999) in the EIA Ordinance Register, provided that these findings can be shown to be still valid and applicable.

The EIA study shall include the following technical requirements on specific impacts:

3.3.1 Construction Air Quality Impact

3.3.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact, including construction dust and carbon monoxide emissions from blasting activities as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.

3.3.1.2 The assessment area for air quality impact shall be defined by a distance of 500m from the proposed works boundary of the Southern Access Road.

3.3.1.3 The air quality assessment shall include the following:

(i) Analysis of the blasting works for the construction of the Southern Access Road and part of the associated site formation works;

(ii) Presentation of the background air quality in the study area for the purpose of evaluating the cumulative air quality impact, including construction dust and carbon monoxide emissions, of the proposed project;

(iii) Identification of representative existing and planned/ committed air sensitive receivers (ASRs) with reference to the approved EIA report;

(iv) Identification of emission characteristics and provision of emission inventory of the air pollution sources;

(v) Description of the assessment method (whether it be analytical or numerical) and the associated assumptions, validity of the method and limits of application. The methodology used shall be agreed with the Director before commencement of the study;

(vi) Assessment and evaluation of the net and cumulative air quality impact, including construction dust and carbon monoxide emissions at the identified ASRs with consideration of the wind speeds and directions;

(vii) Presentation of the results of the air quality impact, including construction dust and carbon monoxide emissions in the form of summary tables and pollution contours, for comparison with relevant air quality standards and for examination of the land use implications of these impacts;

(viii) Proposals for effective mitigation measures to reduce the cumulative air quality impact, including construction dust and carbon monoxide emissions to established standards; and

(ix) Submission of all input and output file(s) of the model run(s) in electronic format to the Director.

3.3.2 Construction Noise Impact

3.3.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.

3.3.2.2 The noise impact assessment for construction noise arising from blast and drill, and mucking out activities shall include the following :

(i) Determination of Assessment Area

The noise impact assessment shall include all areas within 300m from the proposed works boundary of the Southern Access Road in addition to Baguio Villa and Kong Sin Wan Tsuen. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the proposed works boundary of the Southern Access Road, provides acoustic shielding to those receivers located further away.

(ii) Provision of Background Information

The Applicant shall provide all background information relevant to the project including relevant studies, previous or current. Background noise levels will be required for assessment of fixed or other noise sources, for which the planning standards involve background noise levels.

(iii) Identification of Noise Sensitive Receivers

(a) The Applicant shall refer to Annex 13 of the TM and the approved EIA report when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out the quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description including name of building, use, and floors of each and every selected assessment point shall be given.

(iv) Provision of an Emission Inventory of the Noise Sources

The Applicant shall provide an inventory of noise sources including construction equipment for construction noise assessment.

(v) Construction Noise Assessment

(a) The Applicant shall carry out assessment of noise impact from the construction of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.

(b) Blasting should be carried out, as far as practicable, outside the sensitive hours of 7pm to 7am from Mondays to Saturdays and any time on general holidays, including Sundays. Blasting outside the above sensitive hours should be properly scheduled and planned to minimize noise disturbance. For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate.

(c) If the unmitigated construction noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

3.3.3 Waste Management Implications

3.3.3.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM.

3.3.3.2 The assessment of waste management implications shall cover the following :

(i) Analysis of Activities and Waste Generation

The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the blasting and associated construction activities, based on the sequence and duration of these activities.

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated. Measures which can be taken in the planning and design stages e.g. by modifying the design approach and in the construction stage for maximising waste reduction shall be separately considered.

(b) Having taken into account all the opportunities for reducing waste generation and maximising reuse, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in details. The disposal method recommended for each type of wastes shall take into account the results of the assessment in (c) below.

(c) The impacts caused by handling (including labeling, packaging and storage), collection, and disposal of wastes shall be addressed in details and appropriate mitigation measures proposed. This assessment shall cover the following areas:

(c1) potential hazard;
(c2) air and odour emissions;
(c3) noise;
(c4) wastewater discharge; and
(c5) public transport.

3.3.4 Water Quality Impact

3.3.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM.

3.3.4.2 The Applicant shall identify the water bodies, watercourses, streams and any other sensitive receivers which will be affected by the blasting and associated construction activities together with their beneficial uses and their existing water quality.

3.3.4.3 From a knowledge of the likely type, sequences and duration of construction activities required for the proposed works, the Applicant shall identify those activities likely to have an impact on the watercourses, water bodies, streams and any other sensitive receivers. Such activities would include drilling, detonation and removal of spoils or other activities which may involve alternations to watercourses, streams, and shorelines or induce any change to flow regimes, groundwater levels and catchment areas.

3.3.4.4 The Applicant shall assess and evaluate the potential adverse effects of the blasting and associated construction activities on the identified water bodies, watercourses, streams and any other sensitive receivers. The impacts on the surrounding environment/waters shall be assessed taking into account the cumulative effects of all construction activities including those of the adjacent proposed projects.

3.3.4.5 The Applicant shall identify, assess and evaluate any potential stormwater run-off impacts and investigate the opportunity of implementation storm water Best Management Practices (BMPs). Pollution control and mitigation measures shall be recommended to reduce those potential impacts to within established standards, objectives and criteria. Construction works should be configured and phased as to avoid alteration to the flow regime of natural stream course as far as practicable.

3.3.4.6 Where appropriate, the Applicant shall recommend practicable mitigation measures and compliance monitoring programme. Measures should also be recommended to ensure natural flow of water is maintained to avoid flooding.

3.3.5 Ecological Impact

The Applicant shall assess and evaluate whether the potential ecological impacts from the blasting and associated construction activities, especially site clearance, will be worse than those described in the approved EIA report. If the ecological impacts are found to be worse than the approved EIA report, the Applicant shall follow the criteria and guidelines for re-evaluating and re-assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively, with reference to the findings in the approved EIA report. The Applicant shall recommend practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified and evaluate the feasibility and effectiveness of the recommended mitigation measures. The Applicant shall also determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures.

3.3.6 Impact on Cultural Heritage

The Applicant shall assess any direct and indirect impacts on any sites of cultural heritage, including the historic military pillbox at Waterfall Bay, Waterfally Bay itself and its environments from the blasting and assocaited construction activities including site clearance. In the event any potential impacts are identified on any archaeological sites, historic buildings and structures within or near the project area, the Applicant shall assess the possibility of all alternatives to avoid impact; and where no alternatives are viable, the Applicant shall propose practicable mitigation measures to minimise or compensate for adverse impacts to sites of cultural heritage. The Applicant shall also determine the residual impacts after the implementation of recommended mitigation measures.

3.3.7 Hazard To Life

3.3.7.1 The Applicant shall follow the criteria for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting the hazard assessment.

3.3.7.2 If there is storage of explosives on site, the Applicant shall expand the scope of the hazard assessment to include:

(i) identification of all hazardous scenarios associated with the transport, storage and use of explosives for blasting operations;

(ii) execution of a Quantitative Risk Assessment expressing population risks in both individual and societal terms;

(iii) comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM; and

(iv) identification and assessment of practicable and cost effective risk mitigation measures.

3.3.8 Summary of Environmental Outcomes

The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, and environmental benefits of environmental protection measures recommended.

4. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction phase of the project and, if affirmative, shall define the scope of the EM&A requirements for the project in the EIA study.

4.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

4.4 The Applicant shall examine the feasibility of reporting the real-time monitoring data during construction through a dedicated internet website.

5. DURATION OF VALIDITY

This EIA study brief is valid for 24 months from the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.

6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:

(i) as perusal to section 6(2) of the EIAO,
- 40 copies of the EIA report in English; and
- 50 copies of the Executive Summary (each bilingual in both English and Chinese),
to be supplied at the time of application for approval of the EIA report.

(ii) as perusal to section 7(1) of the EIAO,
- when necessary, addendum to the EIA report and the Executive Summary submitted in (i) above,
to be supplied upon advice by the Director for public inspection.

(iii) as perusal to section 7(5) of the EIAO,
- 20 copies of the EIA report in English; and
- 50 copies of the Executive Summary (each bilingual in both English and Chinese),
to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

6.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

6.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlinks to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.

6.5 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.

6.6 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

7.2 If there is any key change in the scope of the project mentioned in Section 1 of this EIA study brief and in Project Profile (No. PP-067/1999), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.

- END OF EIA STUDY BRIEF -

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