Appendix A

"Birds Paradise" Barbecue Spot and Refreshment Kiosk in Tsim Bei Tsui

Application for Permission to Apply Directly for Environmental Permit
(Application No. DIR-061/2001)

Date of the Director's Decision: 5^th December 2001

Reasons for Not Giving Permission to Apply Directly for Environmental Permit

Reasons for Rejection
The subject site falls within the Deep Bay Buffer Zone 1. Recognized sites of conservation importance including the Mai Po and Inner Deep Bay Ramsar Site, Inner Deep Bay Site of Special Scientific Interest (SSSI), Tsim Bei Tsui SSSI and Tsim Bei Tsui Egretry SSSI are also in the vicinity of the subject site. However, the impacts on these major elements of the surrounding environment have not been adequately addressed.

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

(i) light, fire, fume, and noise generated during barbecue parties especially at night;

(ii) potential increase in the number of visitors to the area and the associated off-site activities when the project is in operation;

(iii) waste and sewage generated from the development may be washed down into Deep Bay by surface runoff or through seepage thus increasing pollution loading to Deep Bay and causing undesirable impact to the environment. It may also cause water pollution to the nearby wetland habitats; and

(iv) possible threat to the mangrove in the gei wai on the southeastern side of the project, if fire happens at the barbecue spot and neighbouring areas.

The Applicant has not evaluated the significance of these possible impacts on the environment listed out in (i) to (iv) above. The Applicant has not proved beyond doubt that the Project would not cause adverse environmental impacts and the environmental impacts of the project comply with the guidelines and criteria laid down in the Technical Memorandum on the EIA Process (the Technical Memorandum).

The Director, in consultation with the relevant authorities, is of the view that even with the mitigation measures mentioned in the project profile, it is likely that the development would cause adverse environmental impacts as set out in the Technical Memorandum. Furthermore, the Director, in consultation with the relevant authorities, is of the view that the Applicant has not addressed the details of the mode and intensity of the operation requirements and has failed to properly identify physical and management measures required to minimize the disturbance impacts as listed in (i) to (iv) above. The environmental impact of the Project requires detailed assessment to evaluate and confirm its environmental acceptability.

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