OPEN FOR COMMENT
Windows of opportunity are occasions for making a difference. In environmental assessment in Hong Kong, stakeholders have been able to give input through such windows, often to positive effect. Project proponents have been able to demonstrate to the public how environmental impacts are being addressed and mitigated, while green groups, affected individuals and others have been able to raise their concerns. The Hong Kong system is a world leader in terms of its transparency. But as in most things, there is room for improvement, in particular, for opening the windows of opportunity even wider.
Currently, the law allows for public input through two "windows": the exhibition of the project profile of a development and the subsequent exhibition of its environmental impact assessment (EIA) report. A project may have undergone several rounds of planning or design before the release of these documents, which can make further changes difficult or very expensive to implement. The Environmental Protection Department (EPD) therefore is working with other government departments and private developers to keep the windows for public input open and ensure there is continuous public involvement on any major project that affects the environment.
Project profiles and EIA reports can be accessed through the EIAO website.
ACCESS TO EIAs
The move towards greater transparency is a natural progression of Hong Kong's EIA system, which has developed rapidly since the EIA Ordinance came into operation in 1998. Not only have all major developments been required to go through the statutory EIA process, but various channels have been set up to give the public opportunities to provide their input into the process using the latest technology.
Project profiles are posted on the EPD's EIAO website (http://www.epd.gov.hk/eia) to collect views before study briefs are issued to project proponents to undertake EIA studies. Later, the EIA reports are also posted on the website for public comment. The public is also welcome to keep track of projects that are approved. Environmental monitoring and audit results are published on dedicated websites for major projects. In January 2003, the first on-site webcam was installed, enabling the public 24-hour access to visually inspect on-going works. The combination of a sophisticated ordinance, opportunities for public input and easy access to information are unusual, even by international standards, and Hong Kong has become a world leader in this field.
Nonetheless, there are still improvements to be made. This became apparent in 2000 when the EIA for the Lok Ma Chau spurline was rejected on the grounds that it would cause unacceptable impacts on the wetlands of Long Valley. Some 225 public submissions on the case were received, the highest number at the time, highlighting the need for public consultation at an earlier stage. The Kowloon-Canton Railway Corporation went back to the drawing board and drew up a new plan, which was approved in 2002. It also involved key green groups in a number of issues, enabling concerns and potential areas of conflict to be identified and resolved early on.
This early resolution of issues is central to the idea of continuous public involvement. It is far easier to make changes to an alignment before a project profile or EIA are completed, than to do so after the fact. Project proponents can save money by avoiding costly delays or mitigation, while stakeholders have an opportunity to offer their expertise and views before irreversible decisions are made. The "win-win" nature of continuous public involvement is finding a growing number of supporters among project proponents. The Environment, Transport and Works Bureau has included it in its September 2003 technical circular, Guidelines and Procedures for Environmental Impact Assessment of Government Projects and Proposals. The matter is also being promoted during EIA training sessions with government officers and the private sector.
.
LATEST TREND OF EIAs IN HONG KONG: CONTINUOUS PUBLIC INVOLVEMENT
The EPD is keen to promote continuous public involvement (CPI), a concept that allows on-going public participation in the EIA process. Through CPI, people can see how information is gathered, how different models of prediction are chosen and what alternatives are considered. Most importantly, they can contribute their knowledge and views at any stage in the process, thereby helping to ensure that the outcome is acceptable.
CPI in action: The Spurline Project
The Spurline project is a major railway development running through and adjacent to environmentally sensitive areas. An Environmental Committee has been set up, chaired by a senior director of the developer and with membership from green groups, academia, the Advisory Council on Environment, the government and other interested parties. The committee is overseeing and monitoring the environmental performance of the project.
CPI in action: The Helipad Projects
The Outlying Islands Helipad projects will replace the existing substandard helipads on Peng Chau and Lamma Island, mainly for emergency purposes. The proponent adopted the CPI concept during the early planning stages, and proactively involved green groups, the District Council, local residents and other stakeholders in preparing the EIA report, through such fora as a consultation meeting and a value management workshop.
TRAINING IN OPENNESS
The Government is the largest developer in Hong Kong so the EPD has paid special attention to training and supporting government officers in all matters green. We began back in 1993 by offering basic training to green managers and over the years we have developed more specialised training to address specific issues such as environmental management and auditing and the production of environmental performance reports. In 2002, we drew up a training programme for government works departments to enhance their understanding of the EIA mechanism, and in 2003 we devised a manual on EIA training and capacity building for them. The manual explains some basic principles about EIAs, includes real project examples, and inevitably touches on the issue of public involvement. Apart from enhancing understanding of the EIA mechanism, the manual is intended to help project proponents manage their EIA process more smoothly.
The EIA training manual will be widely distributed to those who are responsible for EIAs or projects that require EIAs. It is also a useful springboard for encouraging the private sector to follow suit. Copies have been sent to the Hong Kong Construction Association, the power companies and other private operators. By demonstrating that the government is following the spirit of transparency in the EIA process, and not just the letter, it becomes easier to persuade others to do the same.
EIA TRAINING
An EIA helpdesk hotline is established to answer enquiries from government staff, consultants, contractors and the public.
The EPD set up an EIA Ordinance Support Section in 2002 to assist government works departments in the EIA process. Some 28 workshops have been held since late 2002 for more than 650 participants. In addition to government officers, the EIAO Support Section has also provided workshops to private and public sector corporations and contractors. Feedback from the workshops has been positive, with participants reporting that they were informative and well-organised.
The EPD is developing a web-based e-learning platform to help the public better understand the EIA process. An EIA helpdesk hotline was established which, from July 2002 to the end of 2003, received 131 enquiries from government engineers, consultants, contractors and the public.
THE BROADER PICTURE
The Strategic Environmental Assessment Manual offers technical advice and guidelines to government officials, decision-makers and environmental professionals.
The need for transparency and openness in assessing individual projects also extends to policies, plans and programmes. The EPD has taken a lead, internationally, in promoting the use of "strategic environmental assessments" (SEAs) - the name given globally to environmental assessments of major policy and programme proposals. SEAs have contributed to the consideration of sustainable development in government policy, among other positive impacts.
SEA reports started being put on the EPD website in 2002. The first ones released to the public concerned the Territorial Development Strategy Review, the Second Railway Development Study, the Third Comprehensive Transport Study and the Study on Sustainable Development for the 21st Century. The Hong Kong public, and the rest of the world, can now read about the possible implications of these major strategic reports. Other administrations can also learn from our experience in the SEA process.
A new EIA law came into force in Mainland China in September 2003 which includes a legal provision for SEAs. The European Union has also issued a directive, which will come into effect in July 2004, requiring government planning and programmes to undergo SEAs, and many other countries are exploring such a provision. Hong Kong is well placed to offer assistance, especially to the Mainland, given our hands-on experience in promoting and developing SEAs. We have produced guidelines and, in 2003, a user's manual on SEAs, an interim version of which was presented to the International Association of Environmental Assessment at its annual meeting in June. The manual is targeted at government officials, decision-makers and environmental professionals, and offers technical advice and guidelines - including the need for public involvement.
CROSS-BOUNDARY CO-OPERATION
(Top) Regular meeting with the Mainland authorities to discuss cross-boundary environmental co-operation.
(Bottom) Temporary access bridge for the construction of the Shenzhen Western Corridor in Deep Bay.
Hong Kong environmental authorities have been working with their Guangdong counterparts since 1990 to address cross-boundary pollution. The first project concerned water quality management in Deep Bay, which was followed by similar work on Mirs Bay. A growing number of EIAs have also been carried out for cross-boundary projects. In 2003 an EIA report on a twin submarine gas pipelines to be built from Shenzhen to Tai Po was approved, while an EIA study commenced on the Tonggu Channel of Shenzhen Port. Preparation was underway for cooperation on an EIA for the Hong Kong-Zhuhai-Macau bridge. And construction work started on the Shenzhen Western Corridor, which had its EIA approved in late 2002.
It is hoped that co-operation between Hong Kong and Guangdong will be extended from the project level to the strategic level in 2004. Talks were underway towards this end in 2003. The EPD is also liaising with the State Environmental Protection Administration to promote the sharing and exchange of EIA experiences, practices and knowledge.
Public access facility for viewing information of major projects at EPD-EIAO Register Office.
The Chief Executive of the Hong Kong SAR Government pledged in his 2001 policy address to enhance public access to information on the environmental performance of major projects. Hong Kong's experience in SEAs and EIAs shows that it is preferable to involve people in the early stages in the process, to everyone's benefit. The earlier that conflicts between the environment and development are aired, the greater room there is to manoeuvre in making such decisions as whether to build roads or a railway, or how to align a bridge. And an early resolution helps to minimise emotional debates. By including all interested parties in the process, it is possible to tap into their concerns and knowledge and give them a stake in the outcome, so that development proceeds in a considered, sustainable fashion.
ENVIRONMENTAL PERFORMANCE BENCHMARK
All government departments have been required since 2000 to publish annual environmental performance reports (EPRs). This has been a learning process for all concerned, and the EPD has provided extensive advice on compiling the reports. In December 2002, the department published "A Benchmark for Environmental Performance Reports" based on previous EPRs and international best practices, to help bureaux and departments improve their reports. The Benchmark was introduced at a seminar in January 2003 attended by more than 120 government officials.
One spin-off from the EPRs is that more government departments are putting environmental management systems in place. Some are also seeking ISO 14001 certification of those systems. By the end of 2003, ten government departments had achieved certification. Another spin-off is that the government can demonstrate to the private sector that it follows its advice on producing EPRs. This helps in trying to persuade private operators to follow suit. (The EPD's EPR is posted on our website at http://www.epd.gov.hk/epd/english/resources_pub/publications/pub_reports_epr.html)
| (Top) | Mrs Shirley Lee, Principal Environmental Protection Officer, EPD (right), introduces "A Benchmark for Environmental Performance Reports" in a seminar. |
| (Bottom) | More than 120 government officials attend the seminar. |
Mission
To pre-empt environmental problems associated with development projects, plans and strategies, by assessing their environmental implications and ensuring that measures are implemented to avoid any potential problems that are identified.
Highlights in 2003
 |
Produced a Training Manual for the EIA mechanism. | ||||||||
|
Produced an interim user's manual on Strategic Environmental Assessment, which was presented at the annual meeting of the International Association of Impact Assessment. | ||||||||
|
Extended EIA training workshops for government works departments, to the private sector and professional bodies. | ||||||||
|
Organised a seminar to disseminate a benchmark guidebook on environmental performance reports to government bureaux and departments. | ||||||||
|
Organised a seminar on paper saving and other useful green office initiatives, such as green procurement and waste reduction, for government bureaux and departments. | ||||||||
|
Promoted continuous public involvement (CPI) - a system allowing continuous participation in the EIA process by the public - to various EIA stakeholders. CPI was also integrated into an Environment, Transport and Works Bureau technical circular for general application during the implementation of government projects. | ||||||||
|
|
||||||||
|
|
||||||||
Looking Ahead
|
Launch a Cyber Helpdesk for environmental performance reports to help government bureaux and departments improve the quality of their reports. |
|
Launch an e-learning platform for the EIA mechanism. |
|
Complete a study on ISO 14001 environmental management systems for small and medium enterprises in the electrical and electronic sector and the construction sector. |
|
Continue to promote CPI during the EIA process. |
|
Continue to strengthen cross-boundary co-operation on EIAs and environmental planning with our Mainland counterparts. |
|
Develop regular exchanges on EIA experiences with the State Environmental Protection Administration. |
