1. BACKGROUND

1.1 An application (No.ESB-059/2000) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 9 August 2000 with a project profile (No.PP-100/2000).

1.2 The applicant proposes to upgrade and expand the San Wai Sewage Treatment Works (STW) and the Ha Tsuen Pumping Station to cope with the population increase in the North West New Territories (NWNT). The location of the two facilities and the site boundaries of the proposed works are shown in the attached Figure 1. The proposed scope of work are as follows:-

(A) Upgrading and Expansion of San Wai STW

(i) Expand the preliminary treatment works at San Wai STW from 164,000 m³/d to 246,000 m³/d;

(ii) Upgrade the preliminary treatment level at San Wai STW to chemically enhanced primary treatment;

(iii) Add centralized disinfection at San Wai STW for the effluent after chemically enhanced primary treatment from San Wai STW and effluent after secondary treatment from Yuen Long STW;

(iv) Construct and operate an emergency outfall culvert, from San Wai STW to nearby drainage channel, in order to provide an alternative discharge route for San Wai STW in an emergency event when the NWNT effluent tunnel is out of operation; and

(v) Rearrange the existing preliminary treatment facilities of San Wai STW to conform to the upgraded treatment works layout.

(B) Expansion of Ha Tsuen Pumping Station

(i) Expand the pumping capacity of Ha Tsuen Pumping Station from 164,000 m3/d to 246,000 m3/d.

1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.

1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impact arising from the construction and operation of the proposed scope of work as described in section 1.2 above and related activities taking place concurrently. This information will contribute to decisions by the Director on:

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

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

(iii) 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:

(i) to describe the proposed project and associated works in detail together with the requirements for carrying out the proposed project;

(ii) 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;

(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(iv) to identify and quantify any potential losses or damage to flora, fauna and wildlife habitats;

(v) to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;

(vi) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;

(vii) to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;

(viii) 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;

(ix) 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 minimize any environmental impacts as far as practicable and reducing them to acceptable levels;

(x) to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

(xi) to identify constraints associated with the mitigation measures recommended in the EIA study;

(xii) 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 (hereinafter referred to as the TM), are fully complied with.

The Scope

3.2 The scope of the EIA study shall cover the proposed project mentioned in Section 1.2 above, with the proposed works area as shown in the attached Figure 1. The EIA study shall address the likely key issues describe below, together with any other key issues identified during the course of the EIA study:-

(i) water quality impacts during construction and operation, including sewage treatment and disposal systems, scenario during emergency discharge of sewage into the emergency outfall, and land drainage and stormwater system;

(ii) air quality impacts arising from construction and operation of the development including odour impact to nearby sensitive receivers;

(iii) noise impacts arising from construction and operation of the development;

(iv) ecological impacts associated with the construction and operation of the development, including any ecological impacts associated with water quality pollution during the operation stage of the development;

(v) waste impacts during construction and operation of the development;

(vi) potential land contamination from previous polluting uses such as container yards;

(vii) cultural and heritage impacts to the Tseung Kong Wai So Kwun Tsai Archaeological Site and impacts to the potential archaeological deposits within the project sites as described in section 1.2 above;

(viii) visual and landscape impacts of the development to nearby sensitive receivers; and

(ix) fisheries impact associated with the resumption of fish ponds and operation of the sewage treatment and disposal systems.

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.

3.4 The EIA study shall include the following technical requirements on specific impacts as shown in Sections 3.4.1 to 3.4.12.

3.4.1 Air Quality Impact

3.4.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM respectively.

3.4.1.2 The "Assessment Area" for air quality impact shall generally be defined by a distance of 500m from the boundary of each of the project sites as described in section 1.2 above and it may be extended depending on the circumstances and the scale of the project.

3.4.1.3 The Applicant shall assess the air pollutant concentrations in accordance with the latest set of Guidelines for Local-Scale Air Quality Assessment Using Models issued by the Modelling Section, Air Policy Group, Environmental Protection Department, HKSAR. (ref. EPD's home page under items for Air - http://www.info.gov.hk/epd).

3.4.1.4 The air quality impact assessment shall include the following:

Background and analysis of activities

(i) Provide background information relating to air quality issues relevant to the project, e.g. description of the types of activities during both constructional and operational stage of the project.

(ii) Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of the project to abate the air pollution impact. That is, the Applicant should consider alternative construction methods/phasing programmes and alternative modes of operation to minimize the constructional and operational air quality impact respectively.

(iii) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional and operational air quality impacts.

Identification of ASRs and examination of emission/dispersion characteristics

(iv) Identify and describe representative existing and planned/committed air sensitive receivers (ASRs) that would likely be affected by the project. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact point of these ASRs. A map showing the location and a description including the name of the buildings, their uses and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources should also be given. For phased development, the Applicant should review the development programme to take into consideration the construction stages so as to include occupiers of early phases as ASRs if they may be affected by works at later phases.

(v) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the project based on the analysis of the constructional and operational activities of the project in (i) above. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction materials handled, odor emission strength etc.) shall be obtained from the relevant government department/authorities and documented.

Constructional air quality impact

(vi) The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control to ensure construction dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. An audit and monitoring program during constructional stage shall be initiated to verify the effectiveness of the control measures and to ensure that the construction dust levels be brought under control.

(vii) If the Applicant anticipates a significant construction dust impact that will likely cause exceedance of the recommended limits in the TM at the ASRs despite incorporation of the dust control measures, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow (ix) to (xii) below when carrying out the quantitative assessment.

Operational air quality impact

(viii) The Applicant shall calculate the expected air pollutant concentrations at the identified ASRs. Calculations for the expected impact shall be based on an assumed reasonably worst case scenario. The Applicant shall follow (ix) to (xii) below when carrying out the quantitative assessment.

Quantitative Assessment Methodology

(ix) The Applicant shall apply the general principles enunciated in the modeling guidelines while making allowance for the specific characteristic of each project. This specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants for input to the modeling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. Prior agreement of the general methodology between the Applicant and the Air Policy Group is advised.

(x) The Applicant shall, based on the nature of the activities analyzed in (i) above, identify the key/representative air pollutant parameters (types of pollutants and the averaging time concentration) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the project.

(xi) The Applicant shall calculate the cumulative air quality impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, for comparison with relevant air quality standards and examination of the land use implications of these impacts. Plans of suitable scale should be used for presentation of pollution contour for determining buffer distances required.

Mitigating measures for non-compliance

(xii) The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply the criteria stipulated in section 1 of Annex 4 in the TM.

Submission of model files

(xiii) All input and output file(s) of the model run(s) shall be submitted to Air Policy Group of EPD in electronic format.

3.4.2 Noise Impact

3.4.2.1 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.

3.4.2.2 The noise impact assessment shall include the following :

(i) Determination of Assessment Area

The "Assessment Area" for the noise impact assessment shall include all areas within 300m from the boundary of each of the project sites as described in section 1.2 above. 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 boundary, provides acoustic shielding to those receivers at further distance behind.

(ii) 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.

(iii) Identification of Noise Sensitive Receivers

(a) 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.

(b) 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.

(iv) Provision of an Emission Inventory of the Noise Sources

The Applicant shall provide an inventory of noise sources during construction and operation of the proposed project. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

(v) Construction Noise Assessment

(a) 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.

(b) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.

(c) 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 minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

(vi) Operational Noise Assessment

(a) Fixed Noise Sources

(a1) The Applicant shall assess all fixed noise sources within the "Assessment Area", including all activities relating to the operations of the Expanded San Wai STW and the Expanded Ha Tsuen Pumping Station. 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.

(a2) The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

(a3) A quantitative assessment at the NSRs for the 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.

(a4) The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

(vii) 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.

(viii) Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses

(a) 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.

(b) 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.

3.4.3 Water Quality Impact

3.4.3.1 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.

3.4.3.2 The "Assessment Area" for the purpose of this water quality impact assessment shall cover all relevant sensitive receivers within the North Western Water Control Zone (WCZ), Western Buffer WCZ, and the Deep Bay WCZ.

3.4.3.3 The Applicant shall identify and analyze in the assessment all physical, chemical and biological disruptions of marine, estuarine, or fresh water system(s) arising from construction and operation of the project (including the impacts arising from emergency discharge of sewage).

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

(i) collection and review of background information on the existing water system(s) and the respective catchment(s);

(ii) characterization of water and sediment quality based on existing information or site surveys/tests as appropriate;

(iii) identification and analysis of all existing and future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers;

(iv) identification of pertinent water and sediment quality objectives and establishment of other appropriate water quality and sediment criteria or standards for the water system(s) and all the sensitive receivers affected by the project;

(v) identification of any alteration of any water courses, natural streams/ponds, change of water holding/flow regimes, change of catchment types or areas;

(vi) identification, analysis and quantification of all existing and future water and sediment pollution sources, including point discharges and non-point sources to surface water runoff, and analysis of the provision and adequacy of future facilities to reduce such pollution. Field investigation and laboratory tests, as appropriate, shall be conducted to fill in any relevant information gaps;

(vii) establishment and provision of an emission inventory on the quantities and characteristics of all existing and future pollution sources in the assessment area shall be provided.

(viii) prediction and quantification, by mathematical modelling or other technique subject to approval of the Director, of impacts on the water system(s) and the sensitive receivers due to those alterations and changes identified in (v) above and the pollution sources identified in (vi) above. Possible impacts include changes in hydrology, flow regime, sediment erosion or deposition, water and sediment quality and the effects on the aquatic organism due to such changes. The prediction shall include possible different construction stages or sequences, and different operation stages. Cumulative impacts due to other projects, activities or pollution sources within a boundary around the "Assessment Area" to be agreed by the Director shall also be predicted and quantified.

(ix) assessment and evaluation of water quality impacts on the relevant sensitive receivers within the assessment area as described in section 3.4.3.2 due to the operation of the Urmston Road Outfall, including water quality impacts from any maintenance activities, and assessment and the evaluation of water quality impacts on the relevant sensitive receivers due to emergency sewage discharge into the proposed emergency outfalls of the Expanded San Wai STW and Expanded Ha Tsuen Pumping Station;

(x) assessment and quantification of all existing and future waste water generation activities and analysis on the adequacy of existing and future sewerage infrastructure;

(xi) identification and quantification of all dredging, fill extraction, filling, reclamation, mud/sediment transportation and disposal activities and requirements should maintenance dredging be deemed required for maintenance of the outfalls. In such case, potential fill source and dumping ground to be involved shall also be identified. Field investigation, sampling and laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The ranges of parameters to be analyzed; the number, type and methods of sampling; sample preservation; laboratory tests; and the laboratory to be used shall be subject to the approval of the Director of environmental Protection;

(xii) If maintenance dredging is required, prediction, quantification and assessment of impacts on the physical regime, water and sediment quality of the water system(s) and the sensitive receivers due to the activities identified in (xi) above shall be conducted. The prediction and quantification of impacts caused by, amongst others, sediment re-suspension and contaminants release shall be carried out with mathematical modelling or other techniques subject to the approval of the Director. Identification and evaluation of the best practicable dredging and reclamation methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not be disturbed as far as possible. Cumulative impacts due to other dredging, filling or dumping activities within a boundary around the Assessment Area shall also be predicted and quantified.

(xiii) proposal for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the construction, operation stages so as to reduce the water and sediment quality impacts to within standards. Requirements to be incorporated in the project contract document shall also be proposed;

(xiv) Best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate; and

(xv) evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water and sediment quality objectives, criteria, standards or guidelines.

3.4.4 Waste Management Implications

3.4.4.1 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.

3.4.4.2 The assessment of waste management implications shall cover the following :

(i) 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.

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation and on-site or off-site re-use shall be fully evaluated. Measures which can be taken in the planning and design stages, e.g., by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered.

(b) Having taken into account all the opportunities for reducing waste generation and maximizing re-use, 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 set out in (c) below.

(c) The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures proposed. This assessment shall cover the following areas :

• potential hazard;
• air and odour emissions;
• noise;
• wastewater discharge; and
• public transport.

3.4.5 Land Contamination Impact

3.4.5.1 The Applicant shall follow the guidelines for evaluating and assessing potential land contamination issues as stated in sections 3.1 and 3.2, Annex 19 of the TM.

3.4.5.2 The Applicant shall provide a clear and detailed account of the present use of the land (including 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 (including accident records, change of land use and the like).

3.4.5.3 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.

3.4.5.4 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.

3.4.6 Ecological Impact (Terrestrial and Aquatic)

3.4.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM, respectively.

3.4.6.2 The "Assessment Area" for the purpose of terrestrial ecological impact assessment shall include all areas within 500m distance from the boundary of each of the project sites as described in section 1.2 above, or the area likely to be impacted by the project. The "Assessment Area" for the purpose of marine ecological impact assessment shall be the same as the "Assessment Area for the water quality impact assessment as described in section 3.4.3.2 above.

3.4.6.3 In the ecological impact assessment, the Applicant shall examine the flora, fauna and other components of the ecological habitats within the "Assessment Area". The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the proposed project shall avoid impacts on recognized sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the project.

3.4.6.4 The assessment shall include the following :

(i) review the findings of relevant studies and collate all the available information regarding the ecological characters of the assessment area;

(ii) evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;

(iii) carry out necessary field surveys, the duration of which shall be at least 6 months, and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;

(iv) establish the general ecological profile and describe the characteristics of each habitat found. Major information to be provided shall include the 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;

(v) investigate and describe the existing wildlife uses of various habitats with special attention to:

(a) the biota of the Sha Chau and Lung Kwu Chau Marine Park, in particular Sousa chinensis, the Chinese White Dolphin;

(b) other waters of the Sha Chau and Lung Kwu Chau Marine Park;

(c) wetlands including fish ponds;

(d) woodlands;

(e) natural stream courses and man-made drainage channel; and

(f) any other habitats and wildlife groups identified as having special conservation interest by the study.

(vi) describe all recognized sites of conservation importance in the proposed development site and its vicinity and assess whether these sites will be affected by the proposed development or not;

(vii) using suitable methodology, identify and quantify as far as possible any direct, indirect, on-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity and habitat fragmentation in particular the potential impact of bypass sewage or treated sewage to Deep Bay ecosystem associated with the failure of pumping stations or the blockage to rising mains or sewage tunnel;

(viii) evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;

(ix) 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;

(x) 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;

(xi) determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;

(xii) evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria. If off-site mitigation measures are considered necessary to mitigate the residual impacts, the guidelines and requirements laid down in the Planning & Lands Bureau Technical Circular (PLB TC) No. 1/97 "Guidelines for Implementing the Policy on Off-site Ecological Mitigation Measures" (or any subsequent technical circular issued to replace PLB TC No. 1/97 on this subject) shall be followed; and

(xiii) review the need for and recommend any ecological monitoring programme required.

3.4.7 Fisheries Impact

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

3.4.7.2 The "Assessment Area" for the purpose of this fisheries impact assessment shall include the project site of the San Wai STW as defined in section 1.2 above and its adjacent area of potential impact, as well as the "Assessment Area covered under the water quality impact assessment as described in section 3.4.3.2 above

3.4.7.3 The fisheries impact assessment shall include the following :

(i) description of the physical environmental background;

(ii) description an quantification as far as possible existing fisheries activities, with special attention on fishponds in San Wai, the fish culture zone in Ma Wan, Sha Chau and Lung Kwu Chau Marine Park which is an important sanctuary of the Chinese White Dolphin and existing captured fisheries within the "Assessment Area";

(iii) description and quantification as far as possible the existing fisheries/aqua culture resources;

(iv) identification of parameters (e.g. water quality parameters) and areas that are important to fisheries;

(v) identification and quantification as far as possible any direct/indirect impacts to fisheries, including permanent loss and temporary occupation of fishponds during construction, impacts on mariculture and captured fisheries, and potential impacts due to emergency discharge of sewage during operation;

(vi) evaluation of impacts during construction and operation of the project;

(vii) identify practical mitigation measures to avoid/minimize the potential fisheries impacts;

(viii) identify and present an adequate package of measures fully compensate all the losses due to the project 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. Among others measures, the need to reinstate affected fishponds and other aquaculture sites; and

(ix) determine the need, if necessary, make appropriate recommendation for a monitoring and audit programme.

3.4.8 Cultural and Heritage Impact

3.4.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing impact on cultural heritage as stated in Annexes 10 and 19 of the TM, respectively.

3.4.8.2 The "Assessment Area" for the purpose of the impact on cultural heritage shall include all areas within the boundary of the project sites as defined in section 1.2 above, and the historic buildings and archaeological sites as described in section 3.22(vii) above.

3.4.8.3 The historical, archaeological and cultural heritage impact study should take into account the importance of cultural heritage in Hong Kong and address the potential impacts to the historical, archaeological and cultural resources within the "Assessment Area".

3.4.8.4 The examination of the "Assessment Area" should also allow a more general appraisal of archaeology, architectural history and historic landscapes of the areas that the development will take place.

3.4.8.5 The historical, archaeological and cultural heritage impact assessment should focus on:

(i) investigation of archaeological potential of the study area by:

(a) developing a field evaluation programme to identify areas to be investigated. The field evaluation programme shall be agreed by the Antiquities and Monuments Office (AMO) of the Leisure and Cultural Services Department (LCSD) before the commencement of the archaeological investigation. Besides, the archaeological investigation shall be conducted by a qualified archaeologist who shall obtain a license from the AMO;

(b) producing field evaluation protocols to determine the sampling technique, the sample rational to be applied and the site record forms to be used, the evaluation protocols should be compatible with the data capture requirements of the AMO; and

(c) undertaking field evaluations.

(ii) identification of historical buildings and structures which will be affected by the remaining development within the study area :

(a) historic buildings and structures include a variety of forms with a wide range of different functions like domestic, working and cultural uses; places of worship, houses, agricultural buildings, boundary and milestones, industrial buildings and workshops; and

(b) landscape features include sites of historical events, historic field patterns, tracks and fish ponds and cultural elements such as fung shui woodlands and clan grave sites.

(iii) Evaluation of impacts on cultural heritage and proposals for any mitigation measures with detailed elaboration on scope of work and financial implications.

(a) heritage resources within the Study Areas should be identified through reference to appropriate records, such as the archives of the AMO, and through consultations with relevant village representatives, appropriate academic sources and other Government sources, including the Lands Department, District Offices, etc.;

(b) if the consultants identifies any additional buildings and structures within the study area which are of potential historic or cultural importance and not recorded by AMO, the office should be reported as soon as possible. The historic and cultural value of the items will be further assessed by the AMO; and

(c) the criteria to be adopted to assess the level of direct and indirect impacts to the heritage resources and to develop appropriate mitigation measures, should be established in close liaison with the relevant specialists within the EIA Study Team and should be agreed by the AMO prior to application.

3.4.9 Landscape and Visual Impact

3.4.9.1 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. Both construction and operation impacts shall be assessed.

3.4.9.2 The "Assessment Area" for the landscape impact assessment shall include all areas within a 500m distance from the boundary of each of the project sites as described in section 1.2 above. The assessment area for the visual impact assessment shall be defined by the 2-km visual envelope or the existing viewshed by natural/man-made features from the proposed project.

3.4.9.3 The Applicant shall review relevant outline development plans, outline zoning plans, layout plans, planning briefs and studies which may identify areas of high landscape value and recommend recreation, green belt and conservation area designations. Any guidelines on urban design concept, landscape framework, designated view corridors that may affect the appreciation of the project should also be reviewed. The aim is to gain an insight to the future outlook of the area so that the project can fit into surrounding setting. Any conflict with statutory town plan(s) should be highlighted and appropriate follow-up action should be recommended.

3.4.9.4 The Applicant shall describe, appraise and analyze the existing landscape resources and character of the assessment area. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. A system should be derived for judging impact significance. 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 the landscape impact is required.

3.4.9.5 The Applicant shall assess the visual impacts of the proposed project(s). Clear illustrations of visual impact assessment are required. The assessment shall include the following:

(i) identification and plotting of visibility envelope of the proposed project within the assessment area;

(ii) identification of the key groups of sensitive receivers within the defined 2-km visual envelope and their views at ground level and elevated vantage points. The process shall take into consideration the proposed land uses shown under the latest draft Recommended Outline Development Plan for the Planning and Development Study on North West New Territories;

(iii) description of the visual compatibility of the project with the surroundings, and the planned setting and its obstruction and interference with the key views of the adjacent areas. Among other receivers, sensitive receivers shall include commuters of planned roads nearby;

(iv) severity of visual impacts in terms of distance, nature and number of sensitive receivers. The visual impacts of the project with and without mitigation measures shall also be included so as to demonstrate the effectiveness of the proposed mitigation measures. To facilitate the visual impact assessment, illustrative materials showing the effect of landscape mitigation measures, outline and disposal of architectural features, building height, and building structures would be required.

3.4.9.6 In addition, alternative design that would avoid or reduce the identified landscape and visual impacts shall be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall include preservation of vegetation, transplanting of mature trees, provision of screen planting and road side berms, revegetation of disturbed land, compensatory planting, design of structure, provision of finishes to structures, deposition of buildings, colour scheme and texture of material used and any measures to mitigate the impact on existing land use. 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. The mitigation measures proposed shall not only be concerned with damage reduction but should also include consideration of potential enhancement of existing landscape. A practical programme and funding proposal for the implementation of the recommended measures shall be provided.

3.4.9.7 Coloured perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photo-retouching and computer-generated photomontage shall be adopted to fully illustrate the landscape and visual impacts of the proposed project(s) to the satisfaction of the Director. All computer graphics shall be compatible with Microstation DGN file format. The Applicant shall record the technical details such as system set-up, software, data files and function in preparing the illustration which may need to be submitted for verification of the accuracy of the illustrations.

3.4.10 Summary of Environmental Outcomes

The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended and residual impacts.

3.4.11 Environmental Monitoring & Audit (EM&A) Requirements

3.4.11.1 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A and environmental management system (EMS) activities during the construction and operation phases of the proposed developments and, if affirmative:

(i) to define the scope of the EM&A requirements for the proposed developments in the EIA study; and

(ii) to set out the EMS requirements for the construction and operation of the proposed developments to achieve satisfactory environmental performance.

3.4.11.2 Subject to the confirmation of EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

3.4.11.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix 1 or as approved by the Director) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme. To facilitate issue of Environmental Permits (EPs) in future, the implementation schedules shall be grouped under individual works packages in separate designated projects where applicable.

3.4.11.4 Should the EIA study identifies the need for EM&A, the Applicant shall include necessary provisions in the EM&A proposal to make available to the public pertinent environmental monitoring data via internet access in the form of a website.

3.4.12 Monitoring and Audit Requirement of the Proposed Developments

The Applicant should note the monitoring and audit requirement stipulated in paragraph 8.1 of the TM. The Proponent shall proposed an environmental monitoring and audit programme in the EIA report to verify the predictions and the effectiveness of mitigation measures including audit on compliance during the operation phase of the project.

4. DURATION OF VALIDITY

This EIA study brief is valid for 24 months from 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 :

(i) 50 hard copies of the EIA report in English and 80 hard 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, unless advised otherwise by the Director;

(ii) where necessary, addendum to each copy of the EIA report and the Executive Summary submitted in (i) above, upon advice by the Director.

(iii) for the purpose of the public inspection required under section 7(1) of the EIAO, 50 hard copies of the EIA report and 80 hard copies of the Executive Summary (each bilingual in both English and Chinese), including any addendum if required in section 5.2 (ii) above, to be supplied to the locations stipulated in the "Guidance Note on Advertisement and Public Inspection of Documents" issued under the EIAO, unless advised otherwise by the Director;

(iv) 20 hard copies of the EIA report in English and 50 hard copies of the Executive Summary (each bilingual in both English and Chinese), including any addendum if required in section 5.2 (ii) above, to be supplied to the Secretary of Advisory Council on the Environment (ACE), upon advice by the Director for consultation with the ACE, as required under section 7(5) of the EIAO.

(v) 5 hard copies of the EIA report in English and 10 hard copies of Executive Summary (each bilingual in both English and Chinese), with any addendum if required in section 5.2 (ii) above, for deposition in the Register, if and when the EIA report is approved by the Director, as required under section 8(5) of the EIAO.

5.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

5.4 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 Portable Document Format (PDF version 4.0 or later), 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. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.

5.5 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.

5.6 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.

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

6. OTHER PROCEDURAL REQUIREMENT

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 1.2 of this EIA study brief and in Project Profile (No.PP-100/2000), 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 a fresh EIA study brief.

September 2000
Environmental Assessment & Noise Division
Environmental Protection Department