Environmental Impact Assessment Ordinance (Cap. 499),
Section 5 (7)

Environmental Impact Assessment Study Brief No. ESB-033/1999
Project Title : Yuen Long and Kam Tin Sewerage and Sewage Disposal Stage 1 Packages 1A-1T and 1B-1T - Kam Tin Trunk Sewerage Phases 1 and II

Name of Applicant: Drainage Services Department, Project Management Division

1. BACKGROUND

1.1 An application (No. ESB-033/1999) for an EIA study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 6th May 1999 with a project profile (No. PP-049/1999) .

1.2 The project is part of the "Yuen Long and Kam Tin Sewerage and Sewage Disposal" (YLKTSSD) scheme recommended by the "Review of Yuen Long and Kam Tin Sewerage and Sewage Treatment Requirements" completed in January 1999 by the Environmental Protection Department. The YLKTSSD scheme is aimed at implementing phased development of sewerage in the Northwest New Territories to match existing and planned developments in the area.

1.3 The project profile covers 2 designated projects under the EIAO by virtue of item Q.1 of the Schedule 2, Part I of the Ordinance. The 2 designated projects are :

1. Sewers between Ha Ko Po Tsuen and Kam Tin River near Tin Fook Wai (S5); and
2. Sewers from Nam San Wai Pumping Station to Yuen Long sewage treatment works (S8).

1.4 The project profile also covers 5 projects, which could potentially become designated projects, in the context of the ongoing "Planning and Development Study on North West New Territories". They are :

1. Sewers along Kam Tin main drainage channel adjacent to Kam Sheung Road (by virtue of Item Q.1 of the Schedule 2, Part I of the Ordinance) (S1);
2. Sewers along Kam Tin main drainage channel adjacent to Kam Tin San Tsuen (by virtue of Item Q.1 of the Schedule 2, Part I of the Ordinance) (S2);
3. Kam Tin Sewage pumping station (KTPS) (by virtue of item F.3 (b) of the Schedule 2, Part I of the Ordinance) (P1);
4. Sha Po sewage pumping station (SPPS) (by virtue of item F.3(b) of the Schedule 2, Part I of the Ordinance) (P2); and
5. Branch sewers from SPPS to item S5 (by virtue of item Q.1 of the Schedule 2, Part I of the Ordinance.) (S6).

1.5 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 .

1.6 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. identify any potential impacts from point and non-point pollution sources on the identified water systems and sensitive receivers during the construction and operation stages;
5. to identify and quantify any potential losses and damage to flora, fauna and wildlife habitats;
6. to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;
7. to identify, quantify and assess any potential landscape and visual impacts;
8. 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;
9. 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;
10. to identify, assess 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;
11. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
12. to identify constraints associated with the mitigation measures recommended in the EIA study;
13. 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.

3.2 The scope of this EIA study covers 2 designated projects and 5 potentially designated projects (Figure 12) on basis of Planning and Development Study on North West New Territories mentioned in section 1.3 above, including :

Current designated projects:

1. Sewers between Ha Ko Po Tsuen and Kam Tin River near Tin Fook Wai (S5)); and
2. Sewers from Nam San Wai Pumping Station to Yuen Long sewage treatment works (S8)

Potentially designated projects:

3. Sewers along Kam Tin main drainage channel adjacent to Kam Sheung Road (S1);
4. Sewers along Kam Tin main drainage channel adjacent to Kam Tin San Tsuen (S2);
5. Kam Tin Sewage pumping station (KTPS) (P1);
6. Sha Po sewage pumping station (SPPS) (P2); and
7. Branch sewers from SPPS to item S5 (S6).

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 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 within 500m of the project boundary are controlled within the relevant standard as stipulated in Annex 4 of the TM.

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 noise impact assessment shall include the following:

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, Layout Plans and other published plans in relation to the Planning and Development Study on North West New Territories, including any land use and development applications approved by Town Planning Board. For planned noise sensitive land uses without committed layouts, the Applicant shall base on the relevant planning parameters to work out site layouts operational noise assessment purpose.
   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) 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. Unless blasting, if any, will only be carried out during 7a.m. to 7 p.m., noise mitigation measures to mitigate noise due to works in association with blasting shall be recommended.
   3. If the unmitigated construction noise levels are found exceeding 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 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 (Pumping Stations)
   1. The Applicant shall calculate the expected noise using standard acoustics principles. Calculations for the expected noise shall be based on assumed plant inventories and utilization 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.
   2. The Applicant shall present the existing and future noise levels in Leq (30 mins) at the NSRs at various representative floor levels (in mPD) on tables and plans of suitable scales. 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.
   3. The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise levels exceed the criteria set out in Table 1A of Annex 5 of the TM to protect all affected NSRs.
7. Assessment of Side Effects and Constraints (Pumping Stations)
   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 (Pumping Stations)
   
   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.

3.6 Water Quality Impact

3.6.1 The study area shall be within 300m from either side and along the full stretch of the project boundary, plus any stream courses and the associated water system in the vicinity that will be affected by the project.

3.6.2 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.

3.6.3 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions to stream and pond water systems arising from construction and operation of the project including those potentially caused by accidental toxic spillages. The potential impact of sewage derived from the construction and operation stages on the identified water system and sensitive receivers shall also be assessed and evaluated.

3.6.4 The Applicant shall include the following in the water quality impact assessment:

1. collection and review of background information on the existing water systems and their respective catchments, and sensitive receivers which might be potentially affected by the proposed project both during construction and operation;
2. based on the collected information, characterize the water and sediment quality of the surrounding water systems and sensitive receivers which might be potentially affected by the proposed project both during construction and operation. This shall be supplemented by additional field survey and sampling as necessary;
3. collation of pertinent water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers identified in (i) above;
4. identification and quantification of all dredging, filling and excavation activities which might lead to alteration of water systems identified in (i), change of flow regimes and change of catchment areas. Mud/sediment transportation and disposal activities and requirements and potential fill sources and dumping grounds to be used shall be identified;
5. field investigation, sampling and laboratory tests to characterize the sediment/mud concerned in (iv) shall be conducted as appropriate. The ranges of parameters to be analyzed; the number, type and methods of sampling, sampling protocols and laboratory to be used shall be subject to the agreement of the Director;
6. prediction and quantification, by technique subject to agreement of the Director, of impacts on the water systems and the sensitive receivers due to those changes, alterations and activities identified in above. Possible impacts caused by, amongst others, sediment re-suspension and contaminants release shall be predicted and assessed by technique mentioned above. The effects on aquatic organisms, fish pond habitats and sensitive receivers due to such changes and activities shall also be predicted and assessed appropriately. The prediction shall include possible different construction stages or sequences. Possible cumulative impacts exacerbated by other concurrent projects, activities or pollution sources shall be identified, predicted and quantified;
7. identification and evaluation of the best practicable dredging and pond filling methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing mud shall be left in place and not be disturbed as far as possible;
8. identification, assessment and evaluation of surface run-off and stormwater impacts, including any potential chemical and toxic substance spillages, release of oils and lubricants and use of cleaning agents and pesticides, on the identified systems and sensitive receivers during both construction and operation stages. Best Management Practices (BMPs) shall be recommended to reduce potential impacts to within standards, objectives and criteria established in (iii) above;
9. assessment and evaluation of any potential water quality impacts on the identified water systems and sensitive receivers due to sewage derived from the construction and operation stages. In accordance with the "zero discharge policy" for Deep Bay, all effluent generated shall require appropriate treatment and disposal to achieve the requirements of no net increase in pollution load to Deep Bay, especially at the proposed Lok Ma Chau Station which is within Deep Bay Buffer Zone 2; and
10. appropriate mitigation measures shall be recommended to alleviate all potential impacts identified above and residual or mitigated impacts shall be predicted and in compliance with all established objectives, criteria and standards identified in (iii) above both during construction and operation of the proposed project.

3.7 Waste Management Implications

3.7.1 The "study area" shall be generally within 500m from either side and along the full stretch of the project boundary. Where off-site impact may be caused (e.g. waste disposal or dumping), the study area shall also include locations beyond this limit.

3.7.2 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. The assessment of waste management implications shall cover the following :

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.

3.8 Land Contamination Impact

3.8.1 The Applicant shall provide a clear and detailed account of the present use of the land within the project boundaries (e.g. description of the activities, chemicals and hazardous substances handled with a clear indication of their storage and location by reference to a site map) and the relevant past land history in relation to possible land contamination (eg. accident records, change of land use, etc.). Particular reference shall be given to the land uses identified in section 3.1 of Annex 19 of TM.

3.8.2 If any land uses, conforming to those included in section 3.1 of Annex 19 of the TM, are identified during the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the Director for endorsement before conducting the land contamination impact assessment of the land/site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and the extent of the contamination of the land/site.

3.8.3 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.

3.9 Ecological Impact (Both Aquatic And Terrestrial)

3.9.1 The Study Area shall be 500m from either side and along the full stretch of the project boundary and adjacent areas likely to be affected by the project.

3.9.2 The Applicant shall examine and describe the flora, fauna and other components of the ecological habitats along the full stretch of the study boundary and other areas likely to be affected by the proposed project with an aim to protect, maintain or rehabilitate the natural environment. In particular, the proposed project should avoid impacts on recognised sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify the potential ecological impacts associated with the construction of the project. The study shall evaluate the environmental acceptability of the project. The relevant criteria and guidelines and requirements laid down in Annexes 8 and 16 of the TM respectively shall be followed.

3.9.3 The assessment shall include the following :

1. review the findings of relevant studies and collate all the available information regarding the ecological characters of the study area;
2. evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;
3. carry out necessary field surveys (the duration of which shall be at least 6 months and cover both wet and dry seasons) and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;
4. establish the general ecological profile of the study area and describe the characteristics of each habitat found; major information to be provided shall include :
   1. description of the physical environment;
   2. habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats in the study area. The relationship between this project and the Main Drainage Channel for Yuen Long and Kam Tin should be clearly shown;
   3. ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, seasonal patterns, inter-dependence of the habitats and species, and presence of any features of ecological importance;
   4. representative colour photos of each habitat type and any important ecological features identified;
   5. species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or red data books;
5. investigate and describe the existing wildlife uses of various habitats with special attention to:
   1. fishponds;
   2. freshwater marshes;
   3. avifauna (representative data of the winter migratory bird season shall be provided); and
   4. any other wildlife groups and habitats identified as having special conservation interests by this study.
6. describe all recognized sites of conservation importance in the proposed development site and its vicinity including Sha Po Tsuen, Deep Bay Wetland Conservation/Buffer Areas, and assess whether these sites will be affected by the proposed development or not;
7. using suitable methodology, identify and quantify as far as possible any direct, indirect, on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding and breeding grounds, reduction of ecological carrying capacity, habitat fragmentation and in particular the following:
   1. ecological impact from the filling of fishponds/wetland within the Deep Bay Wetland Conservation Area; and
   2. impact upon committed ecological mitigation area for other projects, e.g. Main Drainage Channel for Yuen Long and Kam Tin, West Rail.
8. evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;
9. recommend all possible alternatives (such as modifications of layout and design) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified;
10. evaluate the feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;
11. determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;
12. evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria; and
13. review the need for and recommend any ecological monitoring programme required.

3.10 Fisheries Impact

3.10.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM, respectively.

3.10.2 The fisheries impact assessment shall cover any potential impact of the proposed project on nearby pond fisheries aquaculture activities during both the construction and operational phases.

3.10.3 The fisheries impact assessment shall include the following tasks:

1. description of the physical environmental background;
2. description and quantification of existing pond aquaculture activities;
3. description and quantification of existing fisheries resources (e.g. major fisheries products and stocks);
4. identification of parameters (e.g. water quality parameters) and areas that will be affected;
5. identification and quantification any direct/indirect impacts to fisheries (e.g. permanent resumption and temporary occupation of fish ponds);
6. evaluation of impacts and make proposals for effective mitigation measures with details on justification, description of scope and programme, feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the proposals; and
7. review the need for monitoring and, if necessary, propose a monitoring and audit programme.

3.11 Impact on Cultural Heritage

3.11.1 For the purpose of the cultural heritage study, the "Project Area" in Appendix A shall be considered as: -

1. an area of 150m from either side and along the full stretch of the proposed project boundary; and
2. any site of cultural heritage interest that will receive negative impacts, either directly or indirectly, due to works for the Project. The meaning of the negative impacts is explained in paragraph 1.1(b) of Appendix A.

3.11.2 Study requirements for the Cultural Heritage Impact Assessment and the location plans of Antiquities and Monuments Office's potential heritage sites are detailed at Appendix A and Figure 1 to Figure 11.

3.12 Landscape and Visual Impact

3.12.1 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.

3.12.2 The assessment area for the landscape impact assessment shall include all areas within a 500m distance from the proposed project. The assessment area for the visual impact assessment shall be defined by a 8-km radius visual envelope within the territory of HKSAR of the proposed project.

3.12.3 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 project with the existing landscape. The assessment shall quantify the potential landscape impacts as far as possible, so as to illustrate the significance of such impacts arising from the proposed project. Clear mapping of landscape and visual impact assessment is required.

3.12.4 The Applicant shall assess the visual impacts of the proposed project. Clear mapping of landscape and visual impact assessment is required. The assessment shall include the following :

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.

3.12.5 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, areas of high landscape value, green belt and conservation area designations and other design specification that may affect the appreciation of the project. The aim is to gain an insight to the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with statutory town plan(s) should be highlighted and appropriate follow-up action should be recommended.

3.12.6 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, 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. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the project. A practical programme and funding proposal for the implementation of the recommended measures shall be provided.

3.12.7 Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, annotated oblique aerial photographs, photo-retouching or photo-montage shall be adopted where appropriate to illustrate the landscape and visual impacts of the proposed project. 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.

3.13 Summary of Environmental Outcomes

3.13.1 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, compensation areas included and environmental benefits of environmental protection measures recommended.

3.14 Consideration of Options

3.14.1 The Applicant shall address the consideration of options and reduction of impacts as stated in section 4.4.2 (f), section 4.4.2 (g), section 4.4.3 and para.3 of Annex 20 of the TM.

3.15 Environmental Monitoring & Audit (EM&A) Requirements

3.15.1 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 project and, if affirmative, to define the scope of the EM&A requirements for the project in the EIA study.

3.15.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM, including the submission of EM&A Manual at the same time as the EIA Report.

3.15.3 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.

3.15.4 The EIA report shall set out the environmental management system requirements for the construction and operation of the project to achieve satisfactory environmental performance.

4. DURATION OF VALIDITY

4.1 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.

5. REPORT REQUIREMENTS

5.1 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.

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

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.

5.3 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.

5.4 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.

5.5 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.

5.6 To promote environmentally friendly and efficient dissemination of information, for future EM&A reports recommended by the EIA study, both hardcopies and electronic copies shall be required and their format shall be agreed by the Director.

6 OTHER PROCEDURAL REQUIREMENTS

6.1 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.

6.2 If there is any key change in the scope of the project mentioned in section 1 of this EIA study brief and in the Project Profile (No.PP-049/1999), 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 another EIA study brief afresh.

7. REFERENCE

7.1 The Applicant shall make reference to the following reports in conducting the EIA study:

1. West Rail, Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, February 1998.
2. Rural Drainage Rehabilitation Scheme Environmental Impact Assessment, Final Assessment Report, June 1996.
3. Main Drainage Channels for Ngau Tam Mei, Yuen Long and Kam Tin: Environmental Impact Assessment, May 1996
4. Kam Tin Bypass Design and Construction Consultancy, Environmental Impact Assessment, March 1996.
5. West Rail, Habitat Creation and Management Plan, February 1999.
6. Yuen Long Bypass Floodway, Feasibility Study, Final EIA Study Report, June 1998.
7. Planning and Development Study on North West New Territories (on-going) which is under confidential cover.

Appendix A

Study Requirements of Cultural Heritage Impact Assessment

(1) Baseline Study

1.1 A baseline study shall be conducted:

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

1.2 The baseline study shall also include a desk-top study and a field survey.

1.3. Desk-top research

1.3.1 Desk-top searches should be conducted to analyse, collect and collate extant information. They include:

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.

1.4 Field Evaluation

1.4.1 The potential value of the development site with regard to the cultural heritage could be established easily where the site is well-documented. However, it does not mean that the site is devoid of interest if it lacks information. In these instances, a site visit combined with discussions with appropriate individuals or organisations should be conducted by those with expertise in the area of cultural heritage to clarify the position.

1.4.2 Historic buildings and structures survey

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.

1.4.3 Archaeological Survey

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.

1.4.4 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.

1.5 The Report of Baseline Study

1.5.1 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 by full description of their cultural significance. The description should contain detailed geographical, historical, archaeological, architectural, anthropological, ethnographic and other cultural data supplemented with illustrations below and photographic and cartographic records.

1.5.2 Historic Buildings and Structures

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,

1.5.3 Archaeological Sites

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.

1.5.4 A full bibliography and the source of information consulted should be provided to assist the evaluation of the quality of the evidence. It is expected that the study and result are up to an internationally accepted academic and professional standard.

(2) Impact Assessment

2.1 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.

2.2 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.

(3) Mitigation Measures

3.1 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.

3.2 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.

3.3 All the assessment should be conducted by an expert in cultural heritage and further evaluated and endorsed by the Antiquities and Monuments Office and the Antiquities Advisory Board.

3.4 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.

3.5 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.

| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9 | Figure 10 | Figure 11 | Figure 12 |

[ Back to Top ] / [ Back to Main Index ] / [ Legislative Framework ]