1.

BACKGROUND

1.1

An application (No. EAB-017/1998) for an EIA study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 19^th October 1998 with a project profile (No. PP-026/1998).

1.2

Tin Shui Wai Phase 4 Light Rail Extension will link the West Rail Tin Shui Wai station and the existing Light Rail Transit (LRT) Tin Shui Wai terminus at Kingswood Villa in order to serve the sub-region of Tin Shui Wai.

1.3

The project profile covers a designated project under the EIAO by virtue of Section A.2 of the Schedule 2, Part I of the Ordinance.

1.4

Pursuant to section 5(7)(a) of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (Director) 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 project and related activities taking place concurrently. This information will contribute to decisions by the Director on:

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

2. the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and

3. the acceptability of residual impacts after the proposed mitigation measures are implemented.

2.

OBJECTIVES OF THE EIA STUDY

2.1

The objectives of the EIA study are as follows:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

2. 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;

3. to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

4. to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;

5. to identify any potential landscape and visual impacts and to propose measures to mitigate these impacts;

6. to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;

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

8. to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;

9. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

10. to identify constraints associated with the mitigation measures recommended in the EIA study;

11. 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 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 a designated project mentioned in section 1 above, namely, Tin Shui Wai Phase 4 Light Rail Extension will link the West Rail Tin Shui Wai station and the existing Light Rail Transit (LRT) Tin Shui Wai terminus at Kingswood Villa in order to serve sub-region of Tin Shui Wai.

Technical Requirements

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.

1. Determination of Assessment Area

   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.

2. Provision of Background Information and Existing Noise Levels

   The Applicant shall provide all background information relevant to the project, 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.

3. Identification of Noise Sensitive Receivers
   1. The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

   2. The Applicant shall select assessment points to represent all identified NSRs for carrying out 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 such as name of building, use, and floors of each and every selected assessment point shall be given.

4. Provision of an Emission Inventory of the Noise Sources

   The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment; train 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.

5. Construction Noise Assessment
   1. The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) 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.

   2. To minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed.

   3. The Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimise the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

6. Operational Noise Assessment
   1. The Applicant shall assess the impacts during the operational phase of the proposed railway and the associated facilities, involving worst case scenario, normal, abnormal, transient and emergency operations, with respect to the acceptable levels contained in Table 1A in Annex 5 in the TM. The assessment methodology including the railway/train design noise level shall be agreed with the Director prior to the commencement of the assessment.

   2. In assessing the noise level, the Applicant shall allow for a deterioration in rail and rolling stock condition from brand new to an operating level, address the worst case scenario, taking into account any other planned noise source. Noise contours in the maximum Leq(30 min) and Lmax during the day and at night shall be presented on plans of suitable scales showing the identified NSRs. Quantitative assessment at the identified NSRs for different alignment of the rail shall be compared against the relevant criteria or limits. The potential noise impact of each proposed alignment on the existing and planned NSRs shall be quantified by estimating the total number of dwellings and/or classrooms that will be exposed to levels above the relevant planning criteria and statutory limits.

   3. The Applicant shall make recommendations for noise amelioration for an existing or planned NSR which would be subject to predicted cumulative noise level in excess of the relevant planning criteria and statutory limits in the appropriate design year. A manual detailing the schedule of maintaining/capping the wheel/rail noise to suit the design specification shall be provided.

   4. For fixed noise sources (ventilating systems and fixed plants at stations and termini), the Applicant shall calculate the expected noise using standard acoustic principles. Calculations for the expected noise shall be based on assumed plant inventories and utilisation schedule for the worst case scenario. The Applicant shall calculate the noise levels taking into account of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites. The Applicant shall present the existing and future noise levels in Leq(30 min) at the NSRs on tables and plans of suitable scale. Quantitative assessment at the NSRs for proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM. The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria in Table 1A of Annex 5 of the TM to protect affected NSRs.

7. Assessment of Side Effects and Constraints

   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.

8. Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
   1. In the event that there are 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.

   2. 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.

1. Analysis of Activities and Waste Generation

   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.

2. Proposal for Waste Management
   1. Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.

   2. Having been taken into account all the opportunities for reducing waste generation, 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 detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment in (c) below.

   3. The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail. This assessment shall cover the following areas :
      1. potential hazard;

      2. air and odour emissions;

      3. noise;

      4. wastewater discharge; and

      5. public transport.

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 relation to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:

A baseline study shall be conducted in accordance with the requirements set out in Annex A.

1. Cultural heritage impact assessment must be undertaken to identify the impacts of the sites of cultural heritage which will be affected by the proposed development subject to the result of desktop research and field evaluation. The prediction of impact and an evaluation of their significance must be undertaken by an expert in cultural heritage. During the assessment, both the direct impacts such as loss or damage of important features as well as indirect impacts such as change of water table levels which may affect the preservation of the archaeological and built heritage in situ should be stated. A detailed description and plans should be provided to elaborate to what extent the site of cultural heritage will be affected.

2. Preservation in totality must be taken as the first priority. Section 4.3.1(c), item 2 of Annex 10, items 2.6 to 2.9 of Annex 19 and other relevant parts of the Technical Memorandum on Environmental Impact Assessment Process shall be referred for the detailed requirements of the impact assessment.

1. It is always a good practice to recognise the site or monument early in the planning stage and site selection process, and to avoid it, i.e. preserve it in – situ, or leaving a buffer zone around the site. Built heritage, sites and landscapes are to be in favour of preservation unless it can be shown that there is a need for a particular development which is of paramount importance and outweighs the significance of the heritage feature.

2. If avoidance of the cultural heritage is not possible, amelioration can be achieved by reduction of the potential impacts and the preservation of heritage features, such as physical relocating it. Measures like amendments of the sitting, screening and revision of the detailed design of the development are required to lessen its degree of exposure if it causes visual intrusion to the cultural heritage and affecting its character.

3. All the assessment should be conducted by an expert in cultural heritage.

4. Besides referring to paragraph 4.3.1(d), items 2.10 to 2.14 of Annex 19 and other relevant parts of the Technical Memorandum, proposals for mitigation measures should be accompanied with a master layout plan together with all detailed treatment, elevations, and landscape plan. A rescue programme, when required, shall be proposed which may involve preservation of the historical building or structure together with the relics inside, and its historic environment through relocation, detailed cartographic and photographic survey or preservation of an archaeological site "by record", i.e. through excavation to extract the maximum data as the very last resort.

5. The programme for implementation of agreed mitigation measures should be able to be implemented, and clearly stated in the EIA report, as required in Annex 20 of the Technical Memorandum. In particular, item 6.7 of Annex 20 requires the Applicant to define and list out clearly the proposed mitigation measures to be implemented, by whom, when, where, to what requirements and the various implementation responsibilities. A comprehensive plan and programme for the protection and conservation of the partially preserved Site of Cultural Heritage, if any, during the planning and design stage of the proposed project must be detailed.

1. a baseline study to provide for a comprehensive and accurate description of the baseline landscape and visual character;

2. a review of the relevant planning and development control framework;

3. impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and

4. recommendations on mitigation measures and implementation programme.

1. identification and plotting of visibility contours of the proposed project within the assessment area;

2. identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;

3. description of the visual compatibility of the project with the surrounding, and its obstruction and interference the key views of the adjacent areas; and

4. the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.

1. 40 copies of the EIA report in English and 80 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report;

2. when necessary, addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection; and

3. 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

1. Tin Shui Wai Development Engineering Investigations for Development of Area 3, 30 & 31 of the Development Zone and the Reserve Zone, February 1997.

2. West Rail, Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, February 1998.

1. compile a comprehensive inventory of archaeological sites (including marine archaeological sites), historic buildings and structures within the proposed project area, which include:
   1. all sites of archaeological interest (including marine archaeological sites);

   2. all pre-1945 buildings and structures;

   3. selected post 1945 buildings and structures of high architectural and historical significance and interest; and

   4. landscape features include sites of historical events or providing a significant historical record or a setting for buildings or monuments of architectural or archaeological importance, historic field patterns, tracks and fish ponds and cultural element such as fung shui woodlands and clan grave.

2. to identify the direct and indirect impacts on the site of cultural heritage at the planning stage in order to avoid causing any negative effects. The impacts include the direct loss, destruction or disturbance of an element of cultural heritage, impact in its settings causing impinge on its character through inappropriate sitting or design, potential damage to the physical fabric of archaeological remains, historic buildings or historic landscapes through air pollution, change of water-table, vibration, recreation pressure and ecological damage by the development. The impacts listed are merely to illustrate the range of potential impacts and not intended to be exhaustive.

1. Search of the list of declared monuments protected by the Antiquities and Monuments Ordinance (Chapter 53).

2. Search of the list of deemed monuments through the Antiquities and Monuments Office (AMO) of the Home Affairs Bureau.

3. Search of the list of sites of cultural heritage identified by the AMO.

4. Search of publications on local historical, architectural, anthropological, archaeological and other cultural studies, such as, Journals of the Royal Asiatic Society (Hong Kong Branch), Journals of the Hong Kong Archaeological society, Antiquities and Monuments Office Monograph Series and so forth.

5. Search of other unpublished papers, records, archival and historical documents through public libraries, archives, and the tertiary institutions, such as the Hong Kong Collection and libraries of the Department of Architecture of the University of Hong Kong and the Chinese University of Hong Kong, Public Records Office, photographic library of the Information Services Department and so forth.

6. Search of any other unpublished archaeological investigation and excavation reports kept by the AMO.

7. Search of historical documents in the Public Records Office, the Land Registry, District Lands Office, District Office and the Hong Kong Museum of History and so forth.

8. Search of cartographic and pictorial documents. Maps of the recent past searched in the Maps and Aerial Photo Library of the Lands Department.

9. Study of existing geotechnical information (for archaeological desk-top research)

10. Discussion with local informants.

1. Field scan of all the historic buildings and structures within the project area.

2. Photographic recording of each historic building or structure including the exterior (the elevations of all faces of the building premises, the roof, close up for the special architectural details) and the interior (special architectural details), if possible, as well as the surroundings of each historic building or structure.

3. Interview with local elders and other informants on the local historical, architectural, anthropological and other cultural information related to the historic buildings and structures.

4. Architectural appraisal of the historic buildings and structures.

Appropriate methods of field evaluation should be applied to assess the archaeological potential of the project area:

1. Definition of areas of natural land undisturbed in the recent past.

2. Field scan of the natural land undisturbed in the recent past in detail with special attention paid to areas of exposed soil which were searched for artifacts.

3. Conduct systematic auger survey/shovel testing to establish the horizontal spread of cultural materials deposits.

4. Excavation of test pits to establish the vertical sequence of cultural materials. The hand digging of 1 x 1 m or 1.5 x 1.5 m test pits to determine the presence or absence of deeper archaeological deposits and their cultural history.

1. A map in 1:1000 scale showing the boundary of each historic building or structure.

2. Photographic records of each historic building or structure.

3. Detailed record of each historic building or structure including its construction year, previous and present uses, architectural characteristics, as well as legends, historic persons and events, and cultural activities associated with the structure,

1. A map showing the boundary of each archaeological site as supported and delineated by field walking, augering and test-pitting;

2. Drawing of stratigraphic section of test-pits excavated which shown the cultural sequence of a site.