Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-014/1998
Project Title : Essential Public Infrastructure Works
Associated with West Rail Stations in Yuen Long, Tin Shui Wai, and Tuen Mun Centre
Name of Applicant : Kowloon Canton Railway Corporation
1. BACKGROUND
1.1 An application (No. EAB-014/1998) for an EIA study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 13th October 1998 with a project profile (No. PP-023/1998).
1.2 West Rail Phase I will provide a domestic passenger service linking Tuen Mun with West Kowloon, and includes nine new stations. In connection with the new stations at Yuen Long, Tin Shui Wai and Tuen Mun Centre, essential public infrastructure works will be required.
1.3 The project profile covers three designated projects under the EIAO by virtue of Section A.1 of the Schedule 2, Part I of the Ordinance. The three designated projects are:
1.4 Pursuant to section 5(7)(a) of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.
1.5 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows:
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 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 (thereafter referred to as the TM), are fully complied with.
The Scope
3.2 The scope of this EIA study shall include the three designated projects mentioned in section 1 above, namely:
Technical Requirements
3.3 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts :
3.4 Air Quality Impact
3.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing operational air quality impact as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.
3.4.2 The assessment area for operational air quality impact shall generally be defined by a distance of 500m from the boundary of the project area(s).
3.4.3 The applicant shall review the relevant air quality sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in related to the proposed development. For any additional and potential cumulative operational air quality impacts identified by the review, the procedures listed below shall be followed:
3.4.4 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) regulation in dust control and shall initiate an audit and monitoring programme during construction to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.
3.5 Noise Impact
3.5.1 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.
3.5.2 The applicant shall review the relevant noise sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in related to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
The area for the noise impact assessment shall include all areas within 300m from the project boundaries. 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 project boundaries, provides acoustic shielding to those receivers at further distance behind.
The Applicant shall provide all background information relevant to the projects, e.g. relevant previous or current studies. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.
The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment; road traffic data etc.) as appropriate for the noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
The Applicant shall analyse the scope of the proposed road alignment(s) to identify appropriate new and existing road sections for the purpose of traffic noise impact assessment. When an existing road section undergoes major modification which will directly result in 25% increase in lanes or substantial changes in alignment or characters (e.g. change to a high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.
The Applicant shall calculate the expected road traffic noise using methods described in the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988). Calculations of future road traffic noise shall be based on the peak hour traffic flow in respect of the maximum traffic projection within a 15 years period upon commencement of operation of the proposed roadworks. The Applicant shall calculate the traffic noise levels in respect of each road section and the overall noise levels from the combined road sections (both new and existing) at the NSRs.
The Applicant shall present the prevailing and future traffic noise levels in L10(1 hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale. Quantitative assessment at the NSRs for proposed road alignment(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the Technical Memorandum. The potential noise impact of proposed road alignment(s) shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the Technical Memorandum.
After rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), the Applicant shall propose direct technical remedies within the project limits in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM by 1 dB(A) or more. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs as far as possible should be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.
The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria with the implementation of all recommended direct technical remedies shall be quantified.
In case where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements which may qualify for indirect technical remedies under the ExCo directive "Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads", the associated costs and any implications for such implementation. For the purpose of determining the eligibility of the affected premises for indirect technical remedies, reference shall be made to the set of following three criteria:
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.
The Applicant shall take into account the agreed environmental requirements/ constraints identified by the study to assess the development potential of the concerned sites which shall be made known to the relevant parties.
3.6 Water Quality Impact
3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively. The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of marine, or fresh water system(s) arising from construction and operation of the projects. The area for the water quality impact assessment shall include all areas within 300m from the project boundary. The applicant shall review the relevant water quality sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in related to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
3.7 Waste Management Implications
3.7.1 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, respectively.
3.7.2 The applicant shall review the relevant waste management issues sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in related to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
3.8 Impact on Cultural Heritage
The applicant shall review the relevant archaeological and cultural issues sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in related to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
3.8.1 Baseline Study
A baseline study shall be conducted in accordance with the requirements set out in Annex A.
3.8.2 Impact Assessment
3.8.3 Mitigation Measures
3.9 Landscape and Visual Impact
3.9.1 The applicant shall review the relevant landscape and visual issues sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in related to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
3.9.2 The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impact as stated in Annexes 10 and 18 of the Technical Memorandum, respectively. Both the impacts during construction and operation phases shall be assessed.
3.9.3 The assessment area for the landscape impact assessment shall include all areas within a 500m distance from the proposed projects. The assessment area for the visual impact assessment shall be defined by the visual envelope of the proposed projects.
3.9.4 The landscape and visual impact assessment shall include the following :
3.9.5 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the assessment area. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the proposed projects with the existing landscape.
3.9.6 The Applicant shall assess the visual impacts of the proposed projects. The assessment shall include the following :
3.9.7 The Applicant shall review relevant outline development plans, outline zoning plans, layout plans, planning briefs and studies which may contain guidelines on urban design concept, designated view corridors, open space network and other design specification that may affect the appreciation of the projects. The aim is to gain an insight to the future outlook of the area affected and the ways that the projects can fit into the environment. Any conflict with statutory town plan(s) should be highlighted and appropriate follow-up action should be recommended.
3.9.8 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall include the preservation of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, compensatory planting, provisioning / reprovisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, colour scheme and texture of materials used and any measures to mitigate the existing land use. For bridge structures and noise barriers, presentation of photomontage of the proposed road(s) in the existing and planned urban/rural setting illustrating the effectiveness of visual impact mitigation measures shall be included.
3.9.9 Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate the landscape and visual impacts of the proposed projects. The Applicant shall record the technical details in preparing the illustration which may need to be submitted for verification of the accuracy of the illustration.
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 and operation phases of the projects and, if affirmative, to define the scope of the EM&A requirements for the projects 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 check list) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
5. DURATION OF VALIDITY
5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh 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 :
6.3 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 hyperlink 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.
6.4 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.
6.5 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 projects mentioned in section 1 of this EIA study brief and in the Project Profile (No.PP-023/1998), 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 projects fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.
8. REFERENCE
8.1 The Applicant shall make reference to the following reports in conducting the EIA study:
Annex A
Requirements of Baseline Study for the Heritage Impact Assessment
A baseline study shall be conducted :
selected post-1945 buildings and structures of high architectural and historical significance; and
The baseline study shall also include a desk-top study and a field survey.
(I) Desk-top Research
Desk-top searches should be conducted to analyse, collect and collate extant information. They include :
(II) Field Evaluation
In cases where the above sources of information prove to be inadequate or where the proposed project area has not been adequately studied before, field surveys and site investigations shall be conducted to assemble the necessary data.
Historical buildings and structures survey
Archaeological Survey
Appropriate methods of field evaluation should be applied to assess the archaeological potential of the project area :
If the field evaluation identifies any additional sites of cultural heritage within the study area which are of potential historic or archaeological importance and not recorded by AMO, the office should be reported as soon as possible. The historic and archaeological value of the items will be further assessed by the AMO.
(III) The Report of Baseline Study
The study report should have concrete evidence to show that the process of the above desk-top and field survey has been satisfactorily completed. This should take the form of a detailed inventory of the sites of cultural heritage supported with full description of their cultural significance. The description should contain detailed geographical, historical, archaeological, architectural, anthropological, ethnographical and other cultural data supplemented with illustrations below and photographic records.
Historical Buildings and Structures
Archaeological Sites
A full bibliography and source of the information consulted should be provided to assist in the evaluation of the quality of the evidence. It is expected that the study and result is up to an internationally accepted academic and professional standard.
END OF STUDY BRIEF