Appendix A

Temporary Karting Track at Tuen Mun

Application for Permission to Apply Directly for Environmental Permit
(Application No. DIR-065/2002)

Date of the Director's Decision: 7^th June 2002

Reasons for Not Giving Permission to Apply Directly for Environmental Permit

The subject site at Lok On Pai, Tuen Mun is located adjacent to a residential zone in the Tuen Mun Outline Zoning Plan. There are a number of existing dwellings and other dwellings under construction, the nearest distances of which are about 200m and 100m respectively from the subject site. The operation of the proposed karting track at the subject site would likely result in adverse environmental impacts to the existing and future residential developments. The adverse environmental impacts have not been adequately addressed.

In particular, after consulting the relevant authorities and taking into account the relevant comments from the public and the Advisory Council on the Environment submitted under section 5(6) of the Ordinance, the Director of Environmental Protection (the Director) has identified the following potential adverse environmental impacts to the nearby residential developments:

(i) the noise impact arising from the operation of the proposed karting circuit. It is anticipated that there would likely be adverse noise impact to the nearby existing residential dwellings, even with the installation of the 2.2m high steel wall suggested in the project profile. The nearby future residential developments would be subject to more severe noise impact if their occupation take place before the closure of the proposed karting track;

(ii) the odour impact caused by the operation of the proposed karting track, in particular, from incomplete combustion of petrol, leakage of petrol and lubricating oil from karts, petrol filling operation and kart repair and maintenance activities;

(iii)the visual intrusion caused by the glare lighting during night time operation of the proposed karting track till 11:00pm.

The applicant has not evaluated the significance of the environmental impacts listed out in (i) to (iii) above and has not demonstrated that the environmental impacts would comply with the guidelines and criteria laid down in the Technical Memorandum on EIA Process.

The Director, in consultation with the relevant authorities, is of the view that even with the mitigation measures mentioned in the project profile, it is likely that the proposed karting track would cause adverse environmental impacts as set out in the Technical Memorandum on EIA Process. Furthermore, the Director, in consultation with relevant authorities, is of the view that the applicant has failed to properly identify the physical and management measures required to minimise the environmental impacts as listed in points (i) to (iii) above. The environmental impacts of the project require detailed assessment in order to evaluate and confirm the environmental acceptability of the proposed designated project.

[Note: under section 17 of the EIA Ordinance, the Applicant may appeal to the Appeal Board, if he is aggrieved by this decision, by lodging notice of appeal in the prescribed manner within 30 days of receipt of the notice of this decision.]