A ENVIRONMENTAL
LEGISLATION AND PLANNING GUIDELINES
Introduction
A1
One of the Hong Kong
Government's overall policy objectives on environmental planning, as outlined
in the 1989 White Paper on Pollution in
Hong Kong, is "to avoid creating new environmental problems by
ensuring the consequences for the environment are properly taken into account
in site selection, planning and design of all new developments".
A2
This section highlights the relevant environmental
legislation and guidelines which are currently applicable to the proposed
project. The EIA Ordinance and its associated Technical Memorandum is of particular relevance and was enacted in
April, 1998.
EIA Ordinance and its Associated Technical
Memorandum
A3
The Technical Memorandum on the Environmental Impact
Assessment Process (TMEIA) is issued under section 16 of the Environmental
Impact Assessment Ordinance (Cap 499).
The TM sets out the principles, procedures, guidelines, requirements and
criteria for:
(a)
the technical content of a project profile;
(b)
the technical content of an environmental impact
assessment study brief or environmental impact assessment report;
(c)
deciding whether a designated project is
environmentally acceptable;
(d)
deciding whether an environmental impact assessment
report meets the requirements of the environmental impact assessment study
brief;
(e)
deciding whether the Director will permit an applicant
to apply directly for an environmental permit under section 5(9), (10) or (11)
of the Ordinance;
(f)
resolving conflicts on the content of the
environmental impact assessment study brief and the environmental impact
assessment report;
(g)
taking advice from other authorities;
(h)
deciding what is a material change, addition or
alteration to an environmental impact or to a designated project;
(i)
the issue of environmental permits;
(j)
the imposition of environmental monitoring and audit
requirements for designated projects as conditions in environmental permits.
A4
The TM provides criteria and guidelines for each
aspect of the environmental impact assessment by which to identify and evaluate
activities which have the potential to adversely impact the environment. The details of these are given in the
following relevant sections.
Hong
Kong Planning Standards and Guidelines
A5
The Hong Kong
Planning Standards and Guidelines (HKPSG)
Chapter 9: Environment provides
guidance for including environmental considerations in the planning of both
public and private developments.
The environmental suitability of a site for a certain land use is
governed by such factors as:
(i) natural
environmental characteristics including topography, climate, hydrological and
hydrographical characteristics, vegetation, wildlife and habitat, and soil
conditions;
(ii) the nature,
distribution and consequences of the residuals including aerial emissions,
wastes, sewage or noise generated by land uses in the development area;
(iii) the
capacity of the environment to receive additional developments; and
(iv) existing
land uses.
A6
The HKPSG
specifies the Government's overall policy objective for environmental planning
to be:
"to seize
opportunities for environmental improvement as they arise in the course of
urban redevelopment"; and to ensure that,
"adequate and suitably sited environmental facilities are provided to ensure proper handling and disposal of all wastes and waste water arising from proposed developments."
Conservation
A7
HKPSG Chapter 10:
Conservation states that the following four principles should be
adopted for the practical pursuit of conservation in land use planning:
(i) retain
significant landscapes and ecological attributes and heritage features as
conservation zones;
(ii) restrict
uses within conservation zones to those which sustain particular landscapes and
ecological attributes and heritage features;
(iii) control
adjoining use to minimise adverse impacts on conservation zones and optimise
their conservation value; and
(iv) create,
where possible, new conservation zones in compensation for areas of
conservation value which are lost to development.
Items of value
which merit conservation are identified in territorial, sub-regional and
district planning exercises, special surveys undertaken by other departments or
as the result of public views.
However, plans which include conservation use have to be seen in a wider
context and take into account the need to provide adequate space for
development needs. The challenge
is to combine these different uses into acceptable and realistic plans which
take account of territorial growth and principles of sustainable development.
Protecting Natural Landscapes and Habitats
A8
Natural landscapes and habitats may be gazetted as
Country Parks or Special Areas (Country
Parks Ordinance Cap 208), Restricted Areas (Wild Animals Protection Ordinance Cap 170), Water Gathering Grounds
(Waterworks Ordinance Cap 102),
conservation zones (Town Planning
Ordinance Cap 131) or listed as Sites of Special Scientific Interest
(SSSIs).
A9
Country Parks and Special Areas are designated under
the Country Parks Ordinance and
managed by the Agriculture and Fisheries Department (AFD) on the advice of the
Country Parks Board. At present
there are 21 Country Parks (area 40, 833 ha) and 14 Special Areas (area
1,639 ha), 11 of which are within Country Parks. Country Parks are designated for the purposes of nature
conservation, countryside recreation and education; Special Areas are areas of
government land with special interest and importance by reason of their flora,
fauna, geological, cultural or archaeological features. The Country Parks Authority has
established criteria for determining whether or not a particular location is
suitable for designation as a Country Park or Special Area. The criteria include landscape quality,
recreation potential, conservation value, size, land status and the
practicality of management.
A10
The Wild Animals
Protection Ordinance restricts access to designated areas of wildlife
habitat. Restricted Areas under
the Ordinance are implemented by the AFD although certain site management
activities may be shared by others.
Two Restricted Areas have been designated, the Mai Po Marshes and the
Yim Tso Ha Egretry. In addition,
the Ordinance protects local wildlife through both the prohibition of hunting
territory-wide and the possession of scheduled protected wild animals or
hunting appliances.
A11
Areas of conservation use may be declared as
conservation zones under clause 4(1)(g) of the Town Planning Ordinance.
These zones are shown on statutory plans which are approved by the Town
Planning Board and this process is further discussed in the subsequent section
on preparing plans to conserve natural landscapes and habitats.
A12
In April 1999, a Wetland Conservation Area and Wetland
Buffer Area was recommended as a result of the findings of the Fishpond Study,
and subsequently adopted by the Town Planning Board Guidelines in the Town
Planning Board for Application for Developments within Deep Bay Area under
Section 16 of the Town Planning Ordinance (TPB. PG – No. 12B 1999).
A13
SSSIs may be land based or marine sites which are of
special interest because of their flora, fauna, geographical, geological or
physiographic features. SSSIs are
identified by the AFD and the Planning Department maintains a register of
sites. Once identified, SSSIs are
shown on statutory and departmental plans prepared by the Planning Department. Inter-relationships between land uses
can be quite subtle. An SSSI declared
as a wildlife habitat may only be sustainable if the wider surroundings remain
rural so as to provide feeding grounds.
Similarly, a wetland site may only be sustained if a particular water
source is protected.
A14
The Government recognises the need to protect marine
and wetland habitats. AFD is
responsible for the implementation of future marine parks/reserves. Important wetlands may be declared as
being of international importance under the Convention
on Wetlands of International Importance Especially as Waterfowl Habitat
(known as the `Ramsar' Convention). Parties to the Convention may designate
sites for inclusion in the List of
Wetlands of International Importance which is administered by the Bureau of
the Convention. The Ramsar Convention states that
"wetlands should be selected for the List on account of their
international significance in terms of ecology, botany, zoology, limnology or
hydrology. In the first instance,
wetlands of international importance to waterfowl at any season should be included". The Mai Po Marshes (a restricted area
and a SSSI) the intertidal mudflat at Inner Deep Bay and the fishponds in
Buffer Zone 1 have been designated as a Ramsar Site since September 1995.
Statutory
Plans
A15
The Town
Planning Ordinance permits statutory land use zones under clause 4(1)(g)
for `country parks, coastal protection areas, sites of special scientific
interest, green belts or other specified uses that promote conservation or
protection of the environment'.
Conservation zones for statutory plans are:
(i) SSSI to conserve and to protect fauna and flora and
other natural features with special scientific value.
(ii) Country Park to
encourage recreation and tourism, protect vegetation and wildlife, preserve and
maintain buildings and sites of historical or cultural significance within
country parks and to provide facilities and services for the public enjoyment
of the country.
(Note: The term `Country Parks' includes
`Special Areas' designated under the Country Parks Ordinance.)
(iii) Coastal
Protection Area to
retain natural coastline.
(iv) Conservation
Area to
retain existing natural features and rural use.
(v) Green Belt to define the limits of urban development areas
by conserving landscape features.
Visual Assessment and Landscaping, and Impacts
on Sites of Cultural Heritage
A16
The current legislation relating to landscape and
visual impacts of development in Hong Kong is the Environmental Impact
Assessment Ordinance [Cap. 499] enacted in April 1998. Other than EIAO, the older HKPSG
Chapter 10: Landscape and Conservation also contains recommendations about
developments in agricultural areas, woodlands, water gathering grounds, areas
of freshwater fish culture, scenic and potential recreation areas, also
provided guidelines for reducing adverse environmental effects of development
in rural areas. Landscape and
Visual Assessment is assessed according to the criteria and methods stated in
Annex 3, 10 and 18 of TMEIA and recommendations of HKPSG. Recommendations covered include:
(i) Topography and site information:
Developments
on hill tops, scenic ridges and prominent positions should be avoided wherever
possible. Site layout, road
alignments, etc. should follow and relate to the natural contours. Overall, formation work and site
disturbance should be minimised.
In scenic
areas, opportunities should be taken to use local landform and any excavated
material available to `fit' the development into the ground form, soften the
geometric outline of buildings, and screen ancillary features from view;
Developments
should be sited and planned to minimise long term visual impact.
(ii) Retention
of existing vegetation:
Developments
should be sited so as to retain existing woodlands, groups of trees and feature
trees wherever possible.
Retention of
trees on development sites is made easier if non-building areas are specified
to include all significant tree features and suitable conditions to ensure
these areas are protected and included in development proposals.
Advice should
be sought from Agriculture and Fisheries Department, Buildings Department,
Architectural Services Department, Urban Services Department or Regional
Services Department on regulations governing the felling of trees, the
suitability of trees for retention and the possible occurrence of important
flora and fauna.
(iii) Site
layout, overhead services alignments, etc.:
The
appropriate siting and design of development is often crucial for the
maintenance of the landscape in rural areas. Building layouts that avoid regular repetitive or geometric
forms and that relate well to natural landforms are preferred.
Views from
surrounding areas should be taken into account.
Overhead
services should be aligned to minimise visual impact and below ground routes
should be preferred in sensitive areas.
(iv) Building design and landscape treatment:
In areas of
scenic importance, building design should be sympathetic with the surrounding
landscape and the general rural environment.
The preparation and implementation of landscape plans should be a requirement on all major developments and, as a general rule, for developments in scenic areas. Landscape Plans should include all or most of the following:
(a) A framework
of tree planting to separate, screen and complement buildings;
(b) Shrub and
ground cover on the periphery of the site where this is open to public view;
(c) Re-vegetation
of excavated areas and formed slopes not built upon, consistent with
geotechnical requirements; and
(d) Proposals to
ensure that the vegetation to be established is maintained or self-sustaining.
A17
HKPSG also provides
the following guidelines for roadside planting which are applicable in both the
urban and rural context:
(i) Wherever
possible, existing trees and woodlands are to be retained. Where this proves impractical, all
possible efforts should be made to transplant suitable healthy trees either
elsewhere on site or in the near vicinity.
(ii) Wherever
possible, footways, median strips and road side areas should be designed to
accommodate planting. Transport
Department, Highways Department and Fire Services Department should be
consulted. In areas where planting
is intended, special consideration to the location of utility services may be
required.
(iii) Roadside
and median plantings can also temper the environment, reduce vehicle pollution
to a degree and screen traffic and other uses.
(iv) Major
planting belts (structure plantings) should be wide enough to be usable for
recreation and be heavily planted.
Where a buffer for polluting uses is intended a wide planting is needed
(say 45 m).
(v) Intersections (especially grade
separated) occupy large areas and present scope for heavy planting and
contouring. Care must be taken
with sight lines, and the Territory Development Department should be consulted.
(vi) Always
consult with future maintenance authorities (Urban Services Department,
Regional Services Department).
Noise
A18
HKPSG states that
"The basic role of planning against noise is to provide an environment
whereby noise impacts on sensitive uses are maintained at acceptable
levels."
A19
For Designated Projects noise is assessed according to
the criteria and methods in Annexes 5 and 13 of the TMEIAO. Evening and night
time construction works, as well as commercial/industrial noise is controlled
under the Noise Control Ordinance [Cap
400] of 1988 regulations and associated Technical Memoranda (TM). The
following TM have been issued on:
(i) The
Assessment of Noise from Places other than Construction Sites, Domestic
Premises or Public Places (1997)
(ii) Noise
from Construction Work other than Percussive Piling (2nd Ed. 1997)
(iii) Noise
from Percussive Piling (1997)
(iv) Noise
from Construction Works in Designated Area (1997)
A20
Noise Sensitive Receivers (NSRs) are defined by the
EIAO TM and the Noise Control Ordinance
(NCO TM) as follows:
(i) all domestic premises, including temporary
housing accommodation;
(ii) hotels
and hostels
(iii) offices
(iv) educational institutions, including
kindergartens, nurseries and all others where unaided voice communication is
required
(v) places of public worship and courts of law
(vi) hospitals, clinics, convalescences and homes
for the aged, diagnostic rooms and wards
(vii) amphitheatres and auditoria, libraries,
performing arts centres and Country Parks
A21
The appropriate Acceptable Noise Level (ANL) for a
particular NSR is dependent on the character of the area in which the NSR is
located, and the time of day under consideration. The Area Sensitivity Rating
(ASR) is a function of the type of area within which the NSR is located and the
degree of the effect on the NSR of particular Influencing Factors (IFs). IFs
include any industrial area, major roads (ie. those with a heavy and generally
continuous flow of vehicular traffic) and the area within the boundary of Hong
Kong International Airport. Table A.1 shows the Area Sensitivity Ratings
given by the Noise Control Ordinance.
Table A.1 Area
Sensitivity Ratings |
|||
Degree
to which NSR is
affected Type of by
IF Area containing NSR |
Not
Affected |
Indirectly
Affected |
Directly
Affected |
(i) Rural
area, including Country Parks or village type developments |
A |
B |
B |
(ii) Low
density residential area consisting of low-rise or isolated high-rise
developments |
A |
B |
C |
(iii) Urban area |
B |
C |
C |
(iv) Area other
than above |
B |
B |
C |
Notes:
`Country
Park' means an area that is designated as a country park pursuant to section 14
of the Country Parks Ordinance.
`Directly
Affected' means that the NSR is at such a location that noise generated by the
IF is readily noticeable by the NSR and is a dominant feature of the noise
climate of the NSR.
`Indirectly
Affected' means that the NSR is at such a location that noise generated by the
IF, whilst noticeable at the NSR, is not a dominant feature of the noise climate
of the NSR.
`Not
Affected' means that the NSR is at such a location that noise generated by the
IF is not noticeable at the NSR.
`Urban
Area' means and area of high density, diverse development including a mixture
of such elements as industrial activities, major trade or commercial activities
and residential premises.
Construction
Noise
A22
TM EIAO specifies interia criteria for assessing noise from daytime construction
noise standards for 0100 to 1900 hours on any day not being a Sunday or general
holiday, in Leq (30 mins) are:
• 75 dB(A) for all domestic premises including
temporary housing accommodation, hotels and hostels
• 70 dB(A) for all educational institutions,
including kindergartens, and nurseries
These
levels assume that the premises utilizes open windows for ventilation.
A23
Please add “Despite any description or
assessment made in the subsequent paragraphs, the Noise Authority will be
guided by the relevant Technical Memorandum (Memoranda) in assessing an
application, once filed for
a Construction Noise Permit. He will consider all the factors affecting his
decision taking contemporary situations / conditions into account. Nothing in
this Report shall bind the Authority in making his decision. There is no
guarantee that a Construction
Noise Permit will be issued, if a permit is to be issued, the Authority shall
include any condition he thinks fit and such conditions are to be followed
while the works covered by the permit aer being carried out. Failing which will
lead to cancellation of the
permit and prosecution action under the NCO.”
A24
Noise restrictions are imposed during the evenings
(19:00-23:00), night-time (23:00-07:00) and all day on Sunday and public
holidays. For construction activities during these hours, a Construction Noise
Permit (CNP) is required from the Environmental Protection Department (EPD).
The CNP application will be assessed in accordance with the Basic Noise Levels
(BNLs) given in the TM on Noise from
Construction Works other than Percussive Piling. For construction work
within a designated area involving the use of Specific Powered Mechanical
Equipment (SPME) other than percussive piling and/or carrying out of prescribed
construction works (PCW) the CNP application will be assessed in accordance
with the BNLs given in the TM on Noise
from Construction Work in Designated Area. These BNLs are shown in Table
A.2.
Table
A.2 Basic Noise
Levels for General Construction Noise |
|||
ASR Time Period |
A |
B |
C |
All days during the evening (19:00-23:00), and general holidays (including
Sundays) during the daytime and evening (07:00-23:00) |
60* 45** |
65* 50** |
70* 55** |
All days during the night-time (23:00-07:00) |
45* 30** |
50* 35** |
55* 40** |
* Construction work other than percussive piling
in areas, and the construction work does not involve the use of SPME nor the
carrying out of PCW.
** Construction work within a designated area
involving the use of SPME other than percussive piling and/or carrying out of
PCW.
A25
The PCW and SMPE are:-
(i) use of all handheld breakers
(ii) use of all bulldozers
(iii) use of all concrete lorry mixers
(iv) use of all dump trucks
(v) use of all vibratory hand held pokers
(vi) erection or dismantling of formwork or
scaffolding
(vii) loading, unloading or handling of rubble,
wooden boars, steel bars, wood or scaffolding material
(viii) hammering
A26
Noise criteria applied to control the noise from
percussive piling is detailed in the TM
on Noise from Percussive Piling. Any percussive piling requires a CNP from
EPD. When considering the issue of a CNP, EPD compares the corrected noise
level (CNL) with the Acceptable Noise Level (ANL) for the area. Table A.3
shows the ANLs for percussive piling.
Table
A.3 Acceptable
Noise Levels for Percussive Piling |
|
NSR Window Type or Means of
Ventilation |
ANL (dB(A)) |
(i) NSR
(or part of NSR) with no windows or other openings |
100 |
(ii) NSR
with central air conditioning system |
90 |
(iii) NSR with
windows or other openings but without central air conditioning system |
85 |
Note: 10 dB(A) is deducted from the ANLs shown
above for NSRs such as hospitals, medical clinics, education and other NSRs
considered to be particularly sensitive to noise.
A27
The CNL relates to the tonality, impulsiveness and
intermittency of the noise. In the event that the CNL exceeds the ANL, EPD will
impose restrictions on the permitted hours of piling operation in accordance
with Table A.4.
Table
A.4 Permitted
Hours of Percussive Piling Operation on or after 01.10.99 |
|
|
Permitted hours of operation on
any day not being a general holiday |
CNL is less than 10 dB(A) below ANL |
Nil |
CNL is more than 10 dB(A) below ANL |
07:00-19:00 |
A28
A Construction Noise Permit (CNP) must be applied for
any kind of percussive piling carried out in the territory. Table A.5 lists the
maximum permitted hours which can be obtained under the latest legislation not
involving the use of diesel, pneumatic and/or steam hammer. By 2000, the use of
diesel, pneumatic and/or steam hammers will be effectively phased out by
stringent standards lowering acceptable no. 34 to less than 10 dB(A) below ANL.
It is a summary of the information given in the Technical Memorandum On Noise From Percussive Piling, 1997, issued
by the EPD under the NCO.
Table
A5 Permitted
Hours of Operation for the Carrying Out of Piling Work Not
Involving the Use of Diesel, Pneumatic and/or Steam Hammers |
|
Amount
by which Corrected Noise Level (CNL) exceeds Acceptable Noise
Level (ANL), CNL-ANL |
Permitted
hours of operation on any day not being a general holiday |
10 dB(A) < CNL – ANL |
0800 to 0900 AND 1230 to 1330 AND 1700 to 1800 |
0 dB(A) < CNL - ANL £ 10
dB(A) |
0800 to 0930 AND 1200 to 1400 AND 1630 to 1800 |
CNL - ANL £ 0 dB(A) |
0700 to 1900 |
A29
The information required in an application for a CNP
includes:
• a map (preferably 1:1000 scale) showing precise
details of the site location, site limits and nearby noise sensitive receivers,
e.g. residential buildings, schools, hospitals;
• location of any stationary powered mechanical
equipment on site or, in the case of an application for a percussive piling
permit, the piling zone or actual pile locations;
• details of time period (time of day, duration
in days/weeks/months) for which the CNP is required;
• a description, including two photographs and
identification codes, and number of units of each item of powered mechanical
equipment to be used or, in the case of piling, details of the piling method
and pile type including number of units; and
• details of any particularly quiet items of
equipment or piling methods, special noise control measures to be employed on
site, or any other information thought to be relevant.
A30
Despite any description or assessment made in the
subsequent paragraphs, the Noise Control Authority will be guided by the
relevant Technical Memorandum (Memoranda) in assessing an application, once
filed, for a Construction Noise Permit. He will consider all the factors
affecting his decision taking contemporary situations/conditions into account.
Nothing in this Report shall bind the Authority in making his decision. There
is no guarantee that a Construction Noise Permit will be issued. If a permit is
to be issued, the Authority shall include any condition he thinks fit and such
conditions are to be followed while the works covered by the permit are being
carried out. Failing which will lead to cancellation of the permit and
prosecution action under the NCO.
A31
During daytime works, EPD recommends that the advice
in EPD's TM EIAO on construction noise abatement practice is followed.
Operational
Noise
A32
Table 1A of Annex 3, TMEIA, states that noise levels
from a new fixed source should be 5 dB(A) below the relevant ANL presented
in the TM on The Assessment of Noise from
Places other than Construction Sites, Domestic Premises or Public Places or
the prevailing background noise level, whichever is lower. The ANL from the TM
for a given NSR is presented in dB(A) in Table A.6 below.
Table
A.6 Acceptable
Noise Levels during Operations |
|||
ASR Time Period |
A |
B |
C |
Day (07:00-19:00) and Evening (19:00-23:00) |
60 |
65 |
70 |
Night (23:00-07:00) |
50 |
55 |
60 |
Rail
Noise
A33
For
rail noise, the TM EIAO specifies the acceptable noise limit at the facades of
all noise sensitive buildings, as Lmax (2300 - 0700 hours) of 85 dB(A),
and to comply with the Acceptable Noise Levels laid down in the Technical
Memorandum for the Assessment of Noise from Places other than Domestic
Premises, Public Places or Construction Sites as given in Table A.6.
Air
Quality
A34
The principal legislation regulating air emissions in
Hong Kong is the Air Pollution Control
Ordinance (APCO) [Cap 311] of 1983 and its subsidiary regulations.
A35
The whole of the Territory has been divided into Air
Control Zones. The study basically falls within the topographically confined
Deep Bay Airshed.
A36
HKPSG states that
"Air quality is affected by such factors as the emission rate of air
pollutants, the separation distance between emission sources and receptors,
topography, height and width of buildings as well as meteorology."
A37
The Air
Pollution Control (Construction Dust) Regulations has been implemented in
1997. These regulations are to control the dust emission from construction
sites by a notification and permit procedure.
Operational
Emissions
A38
The Hong Kong Air Quality Objectives (AQOs) state the
maximum acceptable concentration of air pollutants. The AQOs for one and
24 hour concentrations of five major pollutants are shown in Table A.9.
The Government aims to achieve the AQOs throughout the Territory as soon as
`reasonably practicable'. Efforts are being made to control and reduce air
pollution emitters in areas where the AQOs are already exceeded, eg. by
controlling new developments. The AQOs will apply to the operational phases of
the project.
Construction
Dust
A39
During the construction phase of the project, an
hourly average TSP limit of 500 μg/m3 is recommended by EPD for assessing
construction dust impacts. This limit is not statutory, but nonetheless has
been used in many construction works in Hong Kong as a contractual requirement.
A40
The HKPSG
recommends that any open storage areas should be located at least 100 m
from any air sensitive receiver.
Cement
and Concrete
A41
Cement works in which the total silo capacity exceeds
50 tonnes and in which cement is handled fall under the Specified Processes
under the Air Pollution Control Ordinance.
A licence from EPD is required to operate such a works.
A42
Technical Memoranda have been issued on:
(i) Specifying Air Quality Objectives for Hong Kong
(Table A.9);
(ii) Issuing Air Pollution Abatement Notices to
Control Air Pollution from Stationary Pollution Processes.
Other
subsidiary regulations issued are as follows:
A1 - Furnaces,
Ovens and Chimneys (Installation and Alteration) Regulations.
B1 - Dust and
Grit Emission Regulations.
C1 - Smoke
Regulations.
D1 - Appeal
Board.
E1 - Air
Control Zones (Declaration and Consideration) Order.
F1 - Specified
Processes.
G1 - Specification
of Required Particulars and Information.
H1 - Consolidation
Statement of Air Quality Objectives.
I1 - Fuel
Restriction
J1 - Vehicle
Design Standards (Emission) Regulations.
Table A.9 Air Quality
Objectives |
||||||
Pollutant |
Concentration
(μg)m3 |
Health effects of
pollutant at elevated ambient levels |
||||
|
Average
Time |
|
||||
|
1hr |
8hrs |
24hrs |
3mths |
1yr |
|
Sulphur Dioxide |
800² |
|
3503 |
|
80 |
Respiratory illness; reduced lung function;
morbidity and mortality rates increase at higher levels. |
Total Suspended Particulate |
|
|
2603 |
|
80 |
Respirable fraction has effects on health. |
Respirable Suspended Particulates |
|
|
1803 |
|
55 |
Respiratory illness; reduced lung function;
cancer risk for certain particles; morbidity and mortality rates increase at
higher levels. |
Nitrogen Dioxide |
300² |
|
1503 |
|
80 |
Respiratory irritation; increased
susceptibility to respiratory infection; lung development impairment. |
Carbon Monoxide |
30000² |
100003 |
|
|
|
Impairment of co-ordination; deleterious to
pregnant women and those with heart and circulatory conditions. |
Photochemical Oxidants as ozone |
240² |
|
|
|
|
Eye irritation; cough; reduced athletic
performance; possible chromosome damage. |
Lead |
|
|
|
1.5 |
|
Affects cell and body processes; likely
neuro-psychological effects, particularly in children; likely effects on
rates of incidence of heart attacks, strokes and hypertension. |
Notes: Concentrations
measured at 298°K (25°C) and 101.325 kPA
1 Suspended particles in air with a nominal
aerodynamic diameter of 10 μm or smaller
2 Criteria not to be exceeded more than 3 times
per year
3 Criteria not to be exceeded more than once per
year
A43
In order to obtain a licence to conduct a Specified
Process, EPD may require the applicant to submit an air pollution control plan
for the process. This will include:
(i) a description and technical particulars of the
plant or equipment that may evolve an air pollutant;
(ii) details of pollution control equipment or
measures proposed to minimise emissions and comply with the requirement to use
the best practicable means of controlling air pollution;
(iii) a description (with maps) to identify sensitive
receivers, eg. residential buildings, schools, hospitals;
(iv) an assessment of the resulting air quality and
risk to human health, including supporting calculations and information;
(v) a statement that the best practicable means of
controlling air pollution has been adopted or is proposed, including supporting
calculations and information;
(vi) a plan for, or scheme of, monitoring the
emission at source or the ambient concentration of any air pollutant.
A44
The HKPSG
recommends that any concrete batching plants and open storage areas should be
located at least 100 m from any air sensitive receiver.
Water
Quality
A45
The TMEIA specifies criteria for evaluating water
pollution to be:
·
water quality, in terms of compliance with Water
Quality Objectives for the water body under study;
·
hydrology, in relation to mixing zone criteria;
·
bottom sediments and ecology;
·
stress status of water body; and
·
cumulative impacts from other projects.
A46
Project specific criteria which need to be evaluated
include:
·
waste discharges
·
dumping of wastes
·
stormwater runoff
·
release of toxic or prohibited substances.
A47
In the assessment of the significance of identified
impacts, the existing water quality of the water bodies must be determined and
the assimilative capacity of the receiving water body evaluated to identify the
need for mitigation of impacts.
A48
Particular attention must be paid to activities which
involve discharges containing toxic components, and the adequacy of existing
treatment systems assessed. The
presence of reclamations, or other works which affect water flow must be taken
into account in assessing impacts.
Non-point pollution sources and stormwater discharges must be considered
for all new developments, and devices to control pollution incorporated into
the drainage system.
A49
The principal legislation for controlling water
pollution in Hong Kong is the Water
Pollution Control Ordinance (WPCO) [Cap 358] of 1981 which allows for
gazette of Water Control Zones (WCZ) within which the discharge of liquid
effluents and the deposit of matter into any water bodies, public sewers and
drains are controlled. The WPCO is
applicable for construction site discharges as well as for discharges during
the operational phase.
A50
The Study Area falls within the Deep Bay Water Control
Zone, which was declared on 1 December 1990. Deep Bay (Hau Hoi Wan) is affected by pollution from various
sources both within and outside Hong Kong. The water quality objectives for Deep Bay are presented in
Table A.10.
Table
A.10
Statement
of Water Quality Objectives
(Deep
Bay Water Control Zone)
Sections
relevant to the Project
Water Quality Objective |
Part or Parts of Zone |
|
A. |
AESTHETIC APPEARANCE |
|
|
(a) Waste
discharges shall cause no objectionable odours or discolouration of the
water. |
Whole Zone |
|
(b) Tarry
residues, floating wood, articles made of glass, plastic, rubber or of any
other substances should be absent. |
Whole Zone |
|
(c) Mineral
oil should not be visible on the surface. Surfactants should not give rise to a lasting foam. |
Whole Zone |
|
(d) There
should be no recognisable sewage-derived debris. |
Whole Zone |
|
(e) Floating,
submerged and semi-submerged objects of a size likely to interfere with the
free movement of vessels, or cause damage to vessels, should be absent. |
Whole Zone |
|
(f) Waste
discharges shall not cause the water to contain substances which settle to
form objectionable deposits. |
Whole Zone |
B. |
BACTERIA |
|
|
(a) The
level of Escherichia coli should
not exceed 610 per 100 mL, calculated as the geometric mean of all
samples collected in one calendar year. |
Secondary Contact Recreation
Subzone and Mariculture Subzone (L.N.
455 of 1991) |
|
(b) The
level of Escherichia coli should be
zero per 100 mL, calculated as the running median of the most recent 5
consecutive samples taken at intervals of between 7 and 21 days. |
Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone,
Ganges Subzone and Water Gathering Ground Sub-zones |
C. |
COLOUR |
|
|
(a) Waste
discharges shall not cause the colour of water to exceed 30 Hazen units. |
Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone,
Ganges Subzone and Water Gathering Ground Subzones |
D. |
DISSOLVED OXYGEN |
|
|
(a) Waste
discharges shall not cause the level of dissolved oxygen to fall below 4
milligrams per litre for 90% of the sampling occasions during the year;
values should be taken at 1 metre below surface. |
Inner Marine Subzone excepting Mariculture Subzone |
|
(c) The
dissolved oxygen level should not be less than 5 milligrams per litre for 90%
of the sampling occasions during the year; values should be taken at
1 metre below surface. |
Mariculture Subzone |
|
(d) Waste
discharges shall not cause the level of dissolved oxygen to be less than 4
milligrams per litre. |
Yuen Long & Kam Tin (Upper and Lower) Subzones, Beas Subzone,
Indus Subzone, Ganges Subzone, Water Gathering Ground Subzones and other
inland waters of the Zone |
E. |
PH |
|
|
(a) The
pH of the water should be within the range of 6.5-8.5 units. In addition, waste discharges shall
not cause the natural pH range to be extended by more than 0.2 units. |
Marine waters excepting Yuen Long Bathing Beach Subzone |
|
(b) Waste
discharges shall not cause the pH of the water to exceed the range of 6.5-8.5
units. |
Yuen Long & Kam Tin (Upper and Lower) Subzones, Beas Subzone,
Indus Subzone, Ganges Subzone and Water Gathering Ground Subzones |
F. |
TEMPERATURE |
|
|
Waste discharges shall not cause the natural daily temperature range
to change by more than 2.0oC. |
Whole Zone |
G. |
SALINITY |
|
|
Waste discharges shall not cause the natural ambient salinity level to
change by more than 10%. |
Whole Zone |
H. |
SUSPENDED SOLIDS |
|
|
(a) Waste
discharges shall neither cause the natural ambient level to be raised by 30%
nor give rise to accumulation of suspended solids which may adversely affect
aquatic communities. |
Marine waters |
|
(b) Waste
discharges shall not cause the annual median of suspended solids to exceed 20
milligrams per litre. |
Yuen Long & Kam Tin (Upper and Lower) Subzones, Beas Subzone,
Ganges Subzone, Indus Subzone, Water Gathering Ground Subzones and other
inland waters |
I. |
AMMONIA |
|
|
The un-ionized ammonical nitrogen level should not be more than 0.021
milligram per litre, calculated as the annual average (arithmetic mean). |
Whole Zone. |
J. |
NUTRIENTS |
|
|
(a) Nutrients
shall not be present in quantities sufficient to cause excessive or nuisance
growth of algae or other aquatic plants. |
Inner and Outer Marine Subzones |
|
(b) Without
limiting the generality of objective (a) above, the level of inorganic
nitrogen should not exceed 0.7 milligram per litre, expressed as annual mean. |
Inner Marine Subzone |
K. |
5-DAY BIOCHEMICAL OXYGEN DEMAND |
|
|
(a) Waste
discharges shall not cause the 5-day biochemical oxygen demand to exceed 3
milligrams per litre. |
Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone,
Ganges Subzone and Water Gathering Ground Subzones |
L. |
CHEMICAL OXYGEN DEMAND |
|
|
(a) Waste
discharges shall not cause the chemical oxygen demand to exceed 15 milligrams
per litre. |
Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone,
Ganges Subzone and Water Gathering Ground Subzones. |
M. |
TOXINS |
|
|
(a) Waste
discharges shall not cause the toxins in water to attain such level as to
produce significant toxic carcinogenic, mutagenic or teratogenic effects in
humans, fish or any other aquatic organisms, with due regard to biologically
cumulative effects in food chains and to toxicant interactions with each
other. |
Whole Zone |
|
(b) Waste
discharges shall not cause a risk to any beneficial uses of the aquatic
environment. |
Whole Zone |
A51
The TM on
Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland
and Coastal Waters was issued in 1991. Under the provisions of this TM, all discharges must be
licensed. Tables included within
the document identify standards related to effluent flow rates ranging from
<200 m3/day to 3,000 m3/day, providing guidance
on a case-by-case basis. To
illustrate this, standards for Group B inland water discharges are shown in
Table A.11.
Table
A.11
Standards
for Effluents discharged into Group B inland waters
Flow
rate (m³/day) Determinant |
£200 |
>200
and £400 |
>400
and £600 |
>600
and £800 |
>800
and £1000 |
>1000
and £1500 |
>1500
and £2000 |
>2000
and £3000 |
pH (pH units) |
6.5-8.5 |
6.5-8.5 |
6.5-8.5 |
6.5-8.5 |
6.5-8.5 |
6.5-8.5 |
6.5-8.5 |
6.5-8.5 |
Temperature (oC) |
35 |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
Colour (lovibound units) (25 mm cell length) |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
Suspended solids |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
BOD |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
COD |
80 |
80 |
80 |
80 |
80 |
80 |
80 |
80 |
Oil & Grease |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
Iron |
10 |
8 |
7 |
5 |
4 |
3 |
2 |
1 |
Boron |
5 |
4 |
3 |
2.5 |
2 |
1.5 |
1 |
0.5 |
Barium |
5 |
4 |
3 |
2.5 |
2 |
1.5 |
1 |
0.5 |
Mercury |
0.001 |
0.001 |
0.001 |
0.001 |
0.001 |
0.001 |
0.001 |
0.001 |
Cadmium |
0.001 |
0.001 |
0.001 |
0.001 |
0.001 |
0.0001 |
0.001 |
0.001 |
Selenium |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.1 |
0.1 |
0.1 |
Other toxic metals
individually |
0.5 |
0.5 |
0.2 |
0.2 |
0.2 |
0.1 |
0.1 |
0.1 |
Total toxic metals |
2 |
1.5 |
1 |
0.5 |
0.5 |
0.2 |
0.2 |
0.2 |
Cyanide |
0.1 |
0.1 |
0.1 |
0.08 |
0.08 |
0.05 |
0.05 |
0.03 |
Phenols |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
Sulphide |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
Fluoride |
10 |
10 |
10 |
8 |
8 |
8 |
5 |
3 |
Sulphate |
800 |
800 |
600 |
600 |
600 |
400 |
400 |
400 |
Chloride |
1000 |
1000 |
800 |
800 |
800 |
600 |
600 |
400 |
Total phosphorus |
10 |
10 |
10 |
8 |
8 |
8 |
5 |
5 |
Ammonia nitrogen |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
Nitrate + nitrite
nitrogen |
30 |
30 |
30 |
20 |
20 |
20 |
10 |
10 |
Surfactants (total) |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
E-coli (count/100 ml) |
100 |
100 |
100 |
100 |
100 |
100 |
100 |
100 |
Note: All
units in mg/L unless otherwise indicated; all figures are upper limits unless
otherwise indicated.
Water Pollution Control (Sewerage) Regulation
A52
The Water
Pollution Control (Sewerage) Regulation was enacted in June 1994 to require
owners of ancyroid properties to connect their discharge of wastewater to the
public sewerage system and to provide control over operation and maintenance of
private treatment facilities. This
regulation specifies the gazetted procedures for infrastructure works. This legislation will reduce wastewater
discharges direct to environment and lead to water quality improvements in
areas served by the public sewerage system. The requirements have been defined in a Technical Circular
issued by EPD, ProPECC PN 1/94 on
Construction Site Drainage.
Construction Site Discharges
A53
Advice on the handling and disposal of construction
site discharges, including site runoff and contaminated wastewaters, is
provided in the ProPECC Paper (PN1/94)
on Construction Site Drainage.
A54
The Livestock
Waste Control Scheme (LWCS) to the Waste
Disposal (Livestock Waste) Regulations was implemented on 24th June 1988
under the Waste Disposal Ordinance
(Cap. 354). The LWCS was reviewed
and a new implementation programme was adopted in April 1994 under the Amendment of the Waste Disposal (Livestock
Waste) Regulations.
Discharge Standards
Restriction Area |
Phased Implementation of
Discharge Standards@ |
||
250:250 |
100:100 |
50:50 |
|
10R, 13R & 14R |
1 Jul 1995 |
1 Jul 1996 |
1 Jul 1997 |
11R |
1 Jul 1994* |
1 Jul 1996 |
1 Jul 1997 |
16R, 18R, 19R, 21R, 23R-25R |
1 Jan 1996 |
1 Jan 1997 |
1 Jan 1998 |
Control Area |
|
|
|
10, 12-14 |
1 Jul 1995 |
1 Jul 1996 |
1 Jul 1997 |
11 |
1 Jul 1994 |
1 Jul 1996 |
1 Jul 1997 |
15-17 |
1 Jul 1996 |
1 Jul 1997 |
1 Jul 1998 |
18-25 |
1 Jul 1997 |
1 Jul 1998 |
1 Jul 1999 |
Important
Note:
@ in
addition to meeting the above phased implementation programme, any farm
that is new or restarts business after acceptance of the
ex-gratia allowance must immediately comply with the discharge standard
of 250:250 as soon as it starts ore restarts its business. Any failure to comply fully with the
control requirements would result in enforcement and prosecution action.
1 July 1995 for farms on Lantau Island other
than in Mui Wo Environs.
Waste Oil
A55
The disposal of waste oil and other chemicals is
controlled by the regulations for chemical waste control under the Waste Disposal Ordinance. Chemical wastes must be disposed of at
a licensed chemical waste disposal facilities. The Chemical Waste Treatment Centre (CWTC) at Tsing Yi is
one of the facilities licensed to allow disposal of waste oil. Waste oil may also be disposed of at
other licensed disposal sites.
Zero Discharge Policy
A56 EPD operates a policy of “zero discharge” for new developments discharging into the Deep Bay Water Control Zone. Under this policy, measures must be put in place to ensure that there is no net increase in pollution load as a result of the development.
Solid Waste
A57 In the TMEIA, the criteria for assessing waste management implications are listed as follows:
(a) provide adequate, environmentally acceptable waste handling, storage, collection, transfer, treatment and disposal facilities to deal with waste arising from the development;
(b) meet all the relevant requirements under the Waste Disposal Ordinance and its Regulations;
(c) provide proper handling, storage, collection and disposal of waste generated during construction phase in accordance with the requirements of the Waste Disposal Ordinance and the Dumping at Sea Ordinance;
(d) provide adequate facilities to facilitate waste reduction and explore beneficial use of waste generated, taking into account:
- the quantity of waste arising;
- the physical and chemical nature of the waste materials;
- all practicable on site measures to render the waste acceptable for beneficial use;
- the availability of outlets for beneficial use of the waste in Hong Kong;
- the environmental effect in any waste reduction practice and additional handling of waste for beneficial use;
(e)
explore alternatives which generate minimal amount of
waste through design modifications and programming of works;
(f)
for residential and community developments cost to
existing landfills, adequate safety and precautionary measures to avoid or
minimise the risks due to landfill gas (LFG) migration or leachate
contamination. In particular, for
development or re-development that is within 250 m of the edge of waste, a
landfill gas hazard assessment is typically required to assess the risk
associated with LFG and, where necessary, design adequate
precautionary/protection measures to render the proposed development as safe as
reasonably practicable.
A58 In assessing the potential waste impacts from a proposed project, specific activities or industries must be considered, particularly if they have special requirements for disposal. Such activities include:
·
Offensive Trades
·
Chemical Waste Producing Industries
·
Livestock rearing
·
Community Facilities with special waste disposal
requirements
A59 A waste management plan must be prepared describing methods for reducing wastes, recycling and re-using wastes, and, if they require disposal, techniques need to be included for collecting, handling and transporting the waste materials, and identifying facilities for disposal.
A60 Chapter 9 of HKPSG states, in Section 6 - Waste Management that "The Government's overall objectives for waste management planning are to ensure:
(a) the adequate provision of facilities for
cost-effective and environmentally satisfactory disposal of all wastes; and
(b) the availability of and proper enforcement of
legislation on storage, collection, transport, treatment and disposal of
wastes, to safeguard the health and welfare of the community from any adverse
environmental effects."
A61 Disposal of chemical, household, street, trade and livestock waste is controlled by the Waste Disposal Ordinance [Cap 354] of 1980. This legislation covers all aspects of the production, storage, collection and disposal, including the treatment, reprocessing and recycling of waste. In 1989, the formulation of a strategic Waste Disposal Plan for Hong Kong was founded on this legislation.
A62 Construction waste generated during the construction phase should be sorted on site into inert and non-inert fraction for reuse and recycling as far as practical. The non-inert fraction containing no more than 30% by weight of inert content can be disposed of at landfills, whilst the inert fraction should be delivered to public dumps or other reclamation sites. Inert material means soil, rock, asphalt, concrete, brick, cement plaster/mortar, building debris, aggregates, etc.
A63 Handling and disposal of chemical wastes including oils and grease are covered by the Waste Disposal (Chemical Waste) (General) Regulations. Design of oil/fuel storage facilities is covered by the Code of Practice for Oil Storage Installations, 1992 issued by the Building Authority and the handling of chemical spillages on land is regulated by the Fire Services Department.
A64 Dredging and dumping for land formation is controlled under the Foreshore and Sea Bed Reclamations Ordinance [Cap 127] (1985) and the Dumping at Sea Act (1974) Overseas Territories Order (1975) respectively. The former provides for the control of reclamation and use of foreshore and seabed. The latter prohibits dumping at sea without a licence.
A65 Guidelines and Standards on Contaminated Sediments are currently subject to review and may soon be changed. The current classification system is given below.
Table
A.12
Classification
of Sediments by Metal Content (mg/kg dry weight)
|
Cd |
Cr |
Cu |
Hg |
Ni |
Pb |
Zn |
Class A |
0.0-0.9 |
0-49 |
0-54 |
0.0-0.7 |
0-34 |
0-64 |
0-140 |
Class B |
1.0-1.4 |
50-79 |
55-64 |
0.8-0.9 |
35-39 |
65-74 |
150-190 |
Class C |
1.5 or more |
80 or more |
65 or more |
1.0 or more |
40 or more |
75 or more |
200 or more |
Note: Tests results should be rounded off to two
significant figures before comparing with the table, e.g. Cd to the nearest
0.1 mg/kg, Cr to the nearest 1 mg/kg, and Zn to the nearest
10 mg/kg, etc.
Operational
Waste
A66 Furthermore, waste reception and transfer facilities should be sited so that any adjacent development is very well buffered. For facilities handling the reception and disposal of dusty or odoriferous wastes, special precautions should be taken to avoid nuisance to surrounding areas. Note should be taken of prevailing wind direction and subsequent potential for nuisance.
HKPSG,
Chapter 9, Section 6
Refuse
Collection Points (Municipal Councils)
Provision
in Urban and New Town Areas
A67 A refuse collection point (RCP) is required to serve the needs of each population of 20,000 persons or areas within 500 m. In industrial or commercial areas, or in areas where adequate private facilities are, or will be available, this level of provision may need to be adjusted to suit anticipated needs. The Director of Urban Services and the Director of Regional Services should be consulted on detailed requirements.
A68 For road safety reasons, new RCPs should be planned to allow head-in-head-out movements of refuse collection vehicles (RCVs). A gross site area of not less than 294 m2 with a minimum width of 14 m) is required in the case of island or corner sites.
General
Location and Design Guidelines
A69 RCPs should be sited so as to minimise disruption to traffic or the creation of traffic safety hazards. RCPs should therefore not be located on trunk or primary distributor roads, on steep roads, or locations where turning trucks may create traffic problems.
A70 Adequate provision of off-street (enclosed) parking of bulk collection vehicles and separate access for the public and private refuse collectors should be provided where appropriate.
A71 The location and design of RCPs should aim to minimise nuisance to the public and people living and working nearby, where appropriate, by enclosing the whole facility and if necessary, through the provision of odour control equipment and ventilation. Water points should be a minimum requirement for all RCPs for cleaning purposes, design features such as air/exhaust cleaning, high-pressure water cleaning and leachate drainage and disposal should be incorporated. Architectural design of RCPs should also incorporate landscaping wherever possible as visual screening to, and as a buffer from adjacent sensitive land uses.
A72 Due to difficulties in finding suitable sites for RCPs especially in the built-up areas, RCPs should be incorporated in large-scale developments of both public and private sectors. To reduce the need for waste handling and minimise potential nuisance problems, appropriate waste collection and handling facilities should be included in these large-scale developments and redevelopments.
Provision of
Refuse Collection Facilities in Private Residential, Commercial and Composite
Building Developments
A73 The provision of refuse collection facilities in private residential, commercial and composite commercial/residential building developments should comply with the Building (Refuse Storage Chambers and Chutes) Regulations. The two Municipal Councils may stipulate certain conditions regarding the removal of household waste from premises under the Public Cleansing and Prevention of Nuisances (Urban Council/Regional Council) By-laws.
A74 The floor space and vehicular requirements of refuse storage chambers under the Building (Refuse Storage Chambers and Chutes) Regulations are summarised in Table A.13.
Table
A.13
Summary
of Requirements of Refuse Storage Chambers
in
Private Residential, Commercial and Composite Building Developments
Description of Building |
Total Usable Floor Space (UFS) (m2) |
Description of Storage Chamber |
Minimum Floor Space of Storage Chamber |
Residential Building |
>1,320 to <13,200 |
Storage chamber |
Total UFS in m2 divided by 440 |
|
>13,200 |
Storage chamber with vehicular access |
|
Commercial Building |
>3,960 to <39,600 |
Storage chamber |
Total UFS in m2 divided by 1,320 |
|
>39,600 |
Storage chamber with vehicular access |
|
Composite Commercial/ Residential Building |
Aggregate of >1,320 to <13,200 |
Storage chamber |
Aggregate of the total UFS of the residential building component in m2
divided by 440 |
|
Aggregate of >13,200 |
Storage chamber with vehicular access |
Aggregate of the commercial building component in m2
divided by 1,320 |
Provision in Public Housing Estates
A75 Whilst the above standards and guidelines are related to provision of RCPs in urban, new town and rural areas, they do not apply to public housing estates which are subject to separate provision standard and design criteria for refuse collection. The present and proposed refuse collection systems within public housing estates are outlined in the "Guidelines for Refuse Collection in Public Housing Estates" included in this Appendix and described below:
a) Refuse Storage Chambers: standard provision
incorporated in each domestic block which provides sufficient daily storage.
Depending on the size of the individual block, one refuse bin with a minimum
area allowance of 2.0 m2 should be provided for every 35 flats;
b) Refuse Storage Areas: temporary holding areas
designed to accommodate the storage of refuse bins awaiting collection. The
location should aim to minimise nuisance to the public and the estate tenants
living nearby and should be within the shortest distance practicable from the
domestic blocks they serve. The minimum allowance should be 2.5 m2
per bin;
c) RCPs in Buildings: a totally enclosed structure
which allows entry of RCVs for collection of refuse generally associated with
commercial centres. They are normally built as part of the commercial centres
provision. One centralised RCP
should be provided for an estate of 3,000 flats or less.
d) Junk Collection Points: a separate storage area
for those items which cannot be handled by the normal refuse collection
service. They should be an independently designed structure apart from with the
refuse storage chamber or refuse storage area. Normally, an estate with 2,500
flats or less would require one junk collection point of 20 m2
minimum. An estate of 2,500 flats or more would require two junk points of
20 m2, or one of 40 m2 minimum.
Guidelines
for Community Facilities with Special Requirements for Waste Disposal
A76 When planning these community facilities, allowance should be made for adequate space provision for the storage, collection and disposal of solid wastes. This should be in the form of a refuse storage area on the ground floor (or any floor with direct vehicular access). The area should be close to the goods lift and there should be adequate provision for off-street vehicular access for loading of RCVs. The refuse storage chambers should be built to similar standards as those required for residential developments under the Building (Refuse Storage Chambers and Chutes) Regulations.
Markets
and Cooked Food Stalls
A77 Many of the wastes produced by these facilities are highly putrescible. Adequate refuse storage area should be provided and located so as to minimise potential nuisance to the public and people living and working nearby. Animal carcasses, commonly generated by the activities within these facilities, should be segregated from other waste streams and separate temporary storage and collection facilities be provided. The facilities should preferably be confined in covered areas and grease traps should be provided to prevent chokage of sewers.
Hospitals/Clinics
A78 All clinical wastes should be separately collected from other municipal wastes. All clinical wastes must be disposed of in specially designed pathological incinerators.
Refuse
Transfer Stations
A79 A refuse transfer station (RTS) provides a regional and sub-regional destination for unloading of refuse collection vehicles, where the waste is containerised for haulage in bulk to a final disposal facility. A RTS aims primarily at reducing the cost of transporting waste and minimising environmental nuisance by better containment of waste. Consideration should be given to providing such a facility for handling 500-2,000 tonnes a day of waste in the Urban Area, equivalent to 500,000 - 2 million population, or 100 ‑ 1,000 tonnes in the NT, equivalent to 100,000 - 1 million population. A site area of between 1 and 2 hectares is required for each such facility.
A80 A RTS should be centrally located in the waste catchment it serves, preferably on the water front, with barge access. To minimise incompatibility with adjacent sensitive land uses, a RTS should be sited in an industrial or other non-sensitive area or, if possible, underground. Sufficient space should be provided for reception and queuing of refuse collection vehicles (RCVs). Short vehicular access from and to major transport routes is preferred, to avoid traffic congestion and delays to RCVs. The adequacy of adjoining road capacities for the RCVs should be determined. Considerations should be given to the provision of fully enclosed stations and/or suitable barriers for odour and dust control. Adequate control measures should be provided to minimise the impacts and may include provisions for noise control of the machinery and the structure, leachate treatment/ disposal systems and installation of air/exhaust cleaning systems.
Ecology
Sites
of Special Scientific Interest
A81 There are various legislative and regulatory controls in place for the conservation of species and protection of the environment. Table 1.2 from HKPSG's Chapter 9: Environment highlights "ecologically sensitive areas such as Sites of Special Scientific Interest (SSSI) and areas with other particular vegetation and wildlife habitat characteristics" as Environmental Factors influencing Land Use Planning, and states that Nature Reserves and SSSI should be adequately protected from the effects of pollution and from the diversion of natural flows.
TM for EIA
A82
The TM for EIA Process provides criteria for
evaluating ecological importance as well as assessment and mitigation guidelines. Criteria for evaluating ecological
impacts and general criteria for evaluating ecological importance of a site or
species is given in Annex 8, and for assessment and mitigation in Annex 16.
Criteria for Evaluating Ecological Impact
A83
Annex 8 provides examples of important habitats in the
Territory, and criteria for evaluating a site or species. These criteria are listed in Table A.6
below.
Assessment and Mitigation Guidelines
A84
Annex 16 gives the guidelines for ecological assessment and mitigation. The need for an ecological assessment
for this project is stated in the brief.
The five parts of an ecological assessment are given
in the TM (Annex 16 (4)) as:
(1) Provision
of comprehensive and accurate
information of the baseline environment;
(2) Identification
and prediction of potential ecological impacts;
(3) Evaluation of
the significance of the impacts identified;
(4) Recommendations
of effective and practicable alternatives and mitigation measures; and,
(5) Recommendations
of the need for and the scope of an appropriate monitoring and audit programme.
Important
habitats include Recognized Sites of Conservation Interest (Annex 16, Appendix
A, Note 1), as well as other habitats. The criteria for important habitats
requiring assessment are partly based on their size, and are given in Table
A14.
Table
A.14
Minimum
Size of Habitats Requiring Assessment or Considered to be Important
Habitat Type |
TM on EIA Process Annex 8.2 Table (1) Note: examples of
important habitat types |
TM on EIA Process Annex 16, Appendix A, Note 2: important habitats where an
ecological assessment is necessary |
PELB Technical Circular
No. 1/97& WBTC 4/97: Guidelines for Implementing the Policy on
Off-site Ecological Mitigation Measures: examples of important habitat types |
Woodland |
mature native > 1 ha |
> 1
ha |
mature native > 1 ha |
Undisturbed Natural Coast |
> 1
ha or 500 metres long |
> 1
ha or 500 metres long |
> 1
ha or 500 metres long |
Intertidal Mudflats |
> 1
ha |
>
0.5 ha |
> 1
ha |
Established Mangrove stands |
any
size |
any
size |
any
size |
Freshwater or Brackish Marshes |
> 1
ha |
>
0.5 ha |
> 1
ha |
Established Seagrass Bed |
any
size |
any
size |
any
size |
Natural Stream Courses and Rivers of Significant Length |
>
500 metres long |
>
100 metres |
Unpolluted natural stream courses > 500 metres long |
Other Wetlands defined by Ramsar but not Mentioned Above |
(not
included) |
> 1
ha |
(not included) |
Established Coral Communities |
any
size |
any
size |
any size |
Other Habitats Considered to Have Special Conservation Importance by
Documented Scientific Studies |
no
size criteria |
no
size criteria |
no
size criteria |
A85
Annex 16 of the TM states that there is a general
policy for mitigating impacts on important habitats and wildlife. The
importance is established in the assessment process criteria given in the Table
above. The policy for mitigation (Annex 16 (5.4.1 a-c)), in order of priority,
is:
(1) Avoidance:
adopting suitable alternatives, e.g. design;
(2) Minimize
unavoidable impacts through relocation, programming, or restoration;
(3) Impacts
that cannot be avoided or minimized may be compensated.
A86
The TM states a preference for on-site mitigation
rather than off site (Annex 16, 5.4.3). Off-site compensation will only be
considered when all other mitigation measures have been investigated and
exhausted in the EIA process, and significant residual impacts (according to
the criteria in Annexes 8 and 16) persist.
Guidelines for Implementing the Policy on Off-site
Ecological Mitigation Measures - PELB Technical Circular No. 1/97
A87
Ecological impact is a product of the magnitude and
scale of an impact and the asserted importance of the species or habitat(s)
likely to be affected (TM Annex 16,5.3.1). Criteria for implementing policy on
off-site mitigation found in PELB Technical Circular 1/97 give examples of important
sizes of habitats. These are compared to the TM criteria in Table A14.
A88
The PELB Technical Circular provides guidelines for
funding arrangements and implementation of off-site ecological measures.
Sites of Special Scientific Interest
A89
There are various legislative and regulatory controls
in place for the conservation of species and protection of the
environment. Table 1.2 from HKPSG's Chapter 9: Environment
highlights "ecologically sensitive areas such as Sites of Special
Scientific Interest (SSSI) and areas with other particular vegetation and
wildlife habitat characteristics" as Environmental Factors influencing
Land Use Planning, and states that Nature Reserves and SSSI should be
adequately protected from the effects of pollution and from the diversion of
natural flows.
A90
The HKPSG
also highlight the need for care to be taken in planning and implementation of
civil engineering construction works to avoid, minimise or ameliorate the
occurrence of pollution from silt, oil and other sources on water bodies in
unspoilt areas designated for conservation and in SSSIs.
Wild Animals
A91
Wild animals are protected by the Wild Animals Protection Ordinance [Cap 170] (1980), which fall
under the authority of the Director of Agriculture and Fisheries. The latest version of Cap 170 is the
Second Schedule of the Wild Animals
Protection Ordinance [Cap 170] which has been reviewed in 1996. Protected wild animals listed under the
Schedule include mammals, all wild birds, reptiles, amphibians and Troides helena (a butterfly).
A92
The Animals and
Plants (Protection of Endangered Species) Ordinance (Cap. 187) controls the
possession of any endangered species and is designed to prohibit collection,
import and export. In addition
there are measures which cover the retention, removal and replacement of trees
on development sites. The Wild Animals Protection Ordinance (Cap.
170) is aimed mainly at hunters and collectors, but does apply to this case
under Section 5, "No person shall, except in accordance with a
special permit, take, remove, injure, destroy or wilfully disturb a nest or egg
of any protected wild animal."
Rare and Endangered Plant Species
A93
Various species of plants are protected under the
Forestry Regulations of the Forestry and
Countryside Ordinance [Cap 96] (1950) and Animals and Plants (Protection of Endangered Species) Ordinance [Cap
187] (1976). The Forestry and Countryside Ordinance [Cap 96]
and Forestry Regulations [Cap 96 Sub.
leg. A] were revised in 1993.
The Animals and Plants (Protection
of Endangered Species) Ordinance [Cap 187] has been revised in 1999.
A94
Regarding the specific protection laws, all forests on
government land are protected under Hong Kong's Forests & Countryside Ordinance. The law (Cap. 96, section 21),
states that:
"Any
person who, without lawful authority or excuse, in any forest or plantation:-
(b) plucks
or damages any bud, blossom or leaf of any tree, shrub or plant;
(d) fells, cuts,
burns or otherwise destroys any trees or growing plants,
shall be
guilty of an offence."
The law
defines "forest" to mean, "any area of Crown land covered with
selfgrown trees."
Section 3
of the subsidiary Forestry Regulation
is more specific and provides a list of plants which are protected.
A95
Convention on Wetlands of
International Importance especially as Waterfowl Habitat - Ramsar, 2.2.1971 as
amended by the Protocol of 3.12.1982 and the Regina Amendments of 28.5.1987
"The
Contracting Parties, recognising the interdependence of Man and his
environment; considering the fundamental ecological functions of wetlands as
regulators of water regimes and habitats supporting a characteristic flora and
fauna, especially waterfowl; being convinced that wetlands constitute a
resource of great economic, cultural, scientific, and recreational value, the
loss of which would be irreparable; desiring to stem the progressive
encroachment on and loss of wetlands now and in the future; recognising that
waterfowl in their seasonal migrations may transcend frontiers and so should be
regarded as an international resource; being confident that the conservation of
wetlands and their flora can be ensured by combining far-sighted national
policies with co-ordinated international action; have agreed as follows:
Article 2 -
5. "Any Contracting Party
shall have the right ... because of its urgent national interests, to delete or
restrict the boundaries of wetlands already included by it in the List and
shall, at the earliest possible time, inform the organisation or government
responsible for the continuing bureau duties specified in Article 8 of any such
changes."
Article 2 -
6. "Each Contracting Party
shall consider its international responsibilities for the conservation,
management and wise use of migratory stocks of waterfowl, both when designating
entries for the List and when exercising its right to change entries in the
List relating to wetlands in their territory."
Article 3 -
1. "The Contracting Parties
shall formulate and implement their planning so as to promote the conservation
of the wetlands included in the List, and as far as possible the wise use*
of wetlands in their territory."
Article 3 -
2. "Each Contracting Party
shall arrange to be informed at the earliest possible time if the ecological
character or any wetland in its territory and included in the List has changed,
is changing or is likely to change as the result of technological developments,
pollution or other human interference."
Article 4 -
2. "Where a Contracting Party
in its urgent national interest, deletes or restricts the boundaries of a wetland
included in the List, it should as far as possible compensate for any loss of
wetland resources, and in particular it should create additional nature
reserves for waterfowl and for the protection, either in the same area or
elsewhere, of an adequate portion of the original habitat."
Article
5. "The Contracting Parties
shall consult with each other about implementing obligations arising from the
Convention especially in the case of a wetland extending over the territories
of more than one Contracting Party or where a water system is shared by
Contracting Parties. They shall at
the same time endeavour to co-ordinate and support present and future policies
and regulations concerning the conversation of wetlands and their flora and
fauna."
Bonn Convention
A96
Also through the PRC, Hong Kong is a Party to the
Convention on the Conservation of Migratory Species of Wild animals (the Bonn Convention). The Bonn Convention has two major
objectives:
• to provide
strict protection for species listed in Appendix 1 of the Convention
(migratory species in danger of extinction throughout all or a significant
portion of their range); and
• to encourage
Range States for such species to conclude agreements for the conservation and
management of Appendix II species (migratory species which have an
unfavourable conservation status and require international agreements for their
conservation, or which have a conservation status which would significantly
benefit from international cooperation).
Tree Preservation
A97
Works Branch Technical
Circular 24/94 (Planning, Environment and Lands Branch Circular 3/94) on Tree
Preservation states that:
"The need
to preserve trees must be borne in mind particularly by those in charge of
engineering, architectural and landscape projects ..... There are many projects such as ...
service reservoirs, formation works and the like where virtually all trees and
shrubs within the works area boundary may have to be destroyed. In these cases care should be taken to
minimise the extent of the works area and thereby maximise the number of trees
to be preserved."
A98
The most recent regulations and guidelines for tree
preservation are contained in WBTC No.
24/94. Every effort should be
made to preserve trees in the planning, design and construction of development
projects (WBTC No. 24/94 para (4))
and, in general, permission to lop or cut down any tree will not be granted
unless good cause is shown (WBTC No.
24/94 Appendix A, para (3)).
A99
The Director of Urban Services is the authority for
felling or maintenance of trees located within 5 m of the edge of a roadway.
The Director of Lands is the Land Authority, therefore applications for felling
are submitted through the DLO. For government projects, a tree felling
application shall be submitted to DLO after D of A&F or DUS has expressed
no objection to felling (WBTC No. 24/94
Appendix B, para E(2)). Whenever possible, permission should be sought 12
months in advance so that root systems can be prepared for transplant if
appropriate (WBTC No. 24/94 Appendix
A, para E(3)). Trees that are less than 95 mm DBH presumably are protected
under Forestry and Countryside Ordinance,
and felling requires permission from D of A&F.
A100 The relevant
guidelines for felling permission for this project are as follows (paraphrased from
WBTC No. 24/94 Appendix B para (C)):
1. irreplaceable
rare tree species are not involved;
2. felling
would not cause serious environmental impact;
3. genuine
development need to fell exists, which cannot be reasonably overcome;
4. compensatory
landscaping/replanting to Government's satisfaction will be undertaken;
5. the
tree is not an unusually large or fine example;
6. the
tree is in poor condition.
Felling
Application Procedure
A101 After D of
A&F or DUS has expressed no objection to felling, works department shall
submit tree feeling application to DLO.
A102 Applications
shall be accompanied by:
1. two copies of
a tree survey plan, showing accurate location of the tree(s), height,
circumference, tree spread to scale. Plans should include trees to be retained,
transplanted, and felled, existing levels in the vicinity of each tree, and
future proposals (outline of road, formation and finished levels);
A103 2. a tree schedule, including botanical name,
height, circumference of the trunk, tree spread, and condition;
3. photographs
4. compensatory
landscaping/replanting plan to which an undertaking will be tied.
Replanting Plans
A104 Tree species
selected for replanting in areas where felling cannot be avoided should retain
the amenity value as well as improve the ecological value of the affected area
if possible. Amenity value is increased with trees that provide shade, ability
to screen out poor views, fragrance or colour of leaves or blossoms. Ecological
value can be improved in several ways. One improvement is to plant native
species of trees with fruit or seeds useful as food for birds. Another is to
increase the diversity of an area by planting a variety of native species.
Diversity can be similarly increased by planting trees that will attain various
heights, giving a multi-layered canopy.
A105 Some factors
to be considered in the selection of roadside trees in urban areas of Hong Kong
(Webb 1991) are:
a) pollution
tolerance;
b) drought
tolerance;
c) tolerant
of compacted or heavy soil
d) resistant
to typhoon damage (no brittle branches);
e) straight
trunk to 3-4 m;
f) non-toxic
fruit or leaves.
Conservation Area - Buffer Zones
A106 In 1995 the Government
created two Buffer Zones around Deep Bay. Buffer Zone 1 occupied an area of 948 ha and new development
within this zone was not allowed unless it was required to support the conservation
of the area's natural features and scenic qualities. In Buffer Zone 2 (1027 ha),
new development was not considered unless the applicant could demonstrate
the proposed development would have insignificant impact on environment, ecology,
drainage, sewerage and traffic in the area including the MPNR and Inner Deep
Bay. Any development is also
subject to the more detailed Outline Zoning Plans (1994)[1]. More recently, these buffer zones have
been modified through the recommendation of the “Study on the Geological Value
of Fish Ponds in the Deep Bay Area”, resulting in the creation of the Wetland
Conservation Area (WCA) and Wetland Buffer Area (WBA). These are shown in Figure
A1.1. The planning intention of the WCA is to
conserve the ecological value of the fishpond area which forms an integral
part of the wetland system in the Deep Bay Area.
A107 The WCA and
WBA have been adopted in the Town Planning Board Guidelines for Application of
Developments within Deep Bay Area under Section 16 of the Town Planning
Ordinance (TPB PG-No. 12B April 1999).
A108 In considering
development proposals in the Deep Bay Area, the Board adopts the Fish Pond
Study’s recommended principle of “no-net-loss in wetland” which provides for
the conservation of continuous and adjoining fish ponds. The no-net-loss can refer to both loss
in “area” and ‘function”.
A109 TPB PG No 12B
states that new development within the WCA should not be allowed unless it is
required to support the conservation of the ecological value of the area or if
the development is an essential infrastructural project with overriding public
interest. In the latter case, an
ecological assessment is required to demonstrate that it will not result in a
net loss of wetland function or negative disturbance impacts. Wetland compensation is required for
any development requiring pond filling and mitigation measures against
disturbance are also required.
PRC Relevant Statutes and Bilateral Migratory
Bird Agreements
Wildlife Protection Law of the PRC
A110 According to
Chapter 2 Provision 12 an environmental impact assessment should be
submitted by the developer for construction projects which potentially result
in adverse impacts on wildlife habitat protected by national or local
regulations. In the approval
process the Environmental Protection Department should consult the wildlife
protection agencies at the same administrative level.
PRC Wildlife Protection Implementation Regulations
A111 According to
Chapter 2 Provision 10 preventative measures should be taken by relevant
institutions and individuals to preclude potential risk of adverse impacts on
wildlife protected by national or local regulations.
PRC Guidelines for Nature Reserves for Forests and
Wildlife Species
A112 According to
Provision 11 the natural environment and natural resources in nature reserves
should be managed solely by the administrative organization of nature
reserves. Without permission of
the Ministry of Forestry or the provincial, autonomous regional, or municipal
administrative department of forests no institution or individual is allowed to
enter the nature conservation area to establish institutions or construct
facilities.
PRC Nature Reserve Regulations, Provision 32
A113 Any
construction facility is prohibited in core areas and buffer zones of nature
reserves. Construction facilities
which may cause environmental pollution, resource destruction, or landscape
damage in the experimental areas are also inhibited; pollutants discharged from
other construction projects in the experimental areas should obey national or
local standards. Time tables
should be set up for effluent control for those existing facilities or in the
experimental area if the effluents discharged exceed national or local
standards; mitigation measures must be taken for any damage.
A114 Other
construction projects surrounding nature reserves should not damage the
environmental quality of nature reserves; any damage must be rectified within a
definite time.
A115 Time tables
for the rectification will be set up by appropriate administrations authorized
by relevant laws and regulations.
The responsible enterprises and institutions must accomplish
rectification within the specified time.
The National Protection List of Important Wild Animals
A116 The following
mammals which occur in the Shenzhen River catchment and Deep Bay area are
listed among species to be protected in PRC (first class protection species are
marked with *).
Otter Lutra
lutra
Small Indian
Civet Viverricula
indica
Chinese White
Dolphin Sousa
chinesis
A117 The following
birds which occur in the Shenzhen River catchment and Deep Bay are listed among
species to be protected in PRC (first class protection species are marked
with *).
Black-necked
Grebe Podiceps
nigricollis
Dalmatian
Pelican Pelecanus
(philippensis) crispus
Reef Egret Egretta
sacra
Swinhoe's
Egret Egretta
eulophotes
Oriental White
Stork* Ciconia
(ciconia) boyciana
Black Stork* Ciconia
nigra
White Ibis Threskiornis
(aethiopicus)
melanocephalus
Glossy
Ibis Plegadis
falcinellus
White
Spoonbill Platalea
leucorodia
Black-faced
Spoonbill Platalea
minor
Swan Cygnus
sp.
Mandarin Duck Aix
galericulata
Common Crane Grus
grus
Imperial
Eagle* Aquila
heliaca
Black-shouldered
Kite Elanus
caeruleus
Black Kite Milvus
migrans
White-bellied
Sea Eagle Haliaeetus
leucogaster
Crested
Goshawk Accipiter
trivirgatus
Marsh Harrier Circus
aeruginosus
Hen Harrier Circus
cyaneus
Pied Harrier Circus
melanoleucos
Japanese
Sparrowhawk Accipiter
gularis
Besra Accipiter
virgatus
Horsfield's
Goshawk Accipiter
soloensis
Grey-faced
Buzzard-eagle Butastur
indicus
Buzzard Buteo
buteo
Spotted Eagle Aquila
clanga
Bonelli's
Eagle Hieraaetus
fasciatus
Crested Honey
Buzzard Pernis
ptilorhnychus
Serpent Eagle Spilornis
cheela
Osprey Pandion
haliaetus
Kestrel Falco
tinnunculus
Peregrine Falco
peregrinus
Hobby Falco
subbuteo
Saker Falcon Falco
cherrug
Little
Whimbrel Numenius
(borealis) minutus
Spotted
Greenshank Tringa
guttifer
Relict Gull* Larus
relictus
Greater Coucal Centropus
sinensis
Lesser Coucal Centropus
bengalensis
Rose-ringed
Parakeet Psittacula
krameri
Short-eared
Owl Asio
flammeus
Grass Owl Tyto
capensis
White-vented
Needletail Hirundapus
cochinchinensis
A118 The following
reptiles which occur in the Shenzhen River catchment and Deep Bay are listed
among species to be protected in PRC.
Water Monitor Varanus
salvator
Burmese Python Python
molurus
Bilateral Migratory Bird Agreements
`Agreement between the Government of Australia and the
Government of the People's Republic of China for the Protection of Migratory
Birds and their Environment'
and
`Agreement on the Protection of Migratory Birds and
Their Habitats by the Governments of Japan and the People's Republic of China'
A119 China has
entered into a number of bilateral agreements to protect migratory birds. These include agreements with both
Japan and Australia. Birds passing
through the Deep Bay area are known to migrate to/from both of these countries
(see, for example: Melville, D.S. and Galsworthy, A.C. 1993. Report on bird ringing in Hong Kong in
1992. Hong Kong Bird Report 1992:81-99) and thus these agreements are
relevant in the context of this study.
A list of birds occurring in the Deep Bay area protected under bilateral
migratory bird agreements between China and Australia/Japan is given below.
Birds
occurring in the Deep Bay area protected under bilateral migratory bird agreements
between China and Australia/Japan:
Black-necked Grebe |
Podiceps nigricollis |
J |
|
|
Great Crested Grebe |
Podiceps cristatus |
AJ |
|
|
Lesser Frigatebird |
Fregata ariel |
AJ |
|
|
Bittern |
Botaurus stellaris |
J |
|
|
Cattle Egret |
Bubulcus ibis |
J |
|
|
Reef Egret |
Egretta sacra |
AJ |
|
|
Great Egret |
Egretta alba |
AJ |
|
|
Yellow Bittern |
Ixobrychus sinensis |
AJ |
|
|
Schrenck's Bittern |
Ixobrychus eurhythmus |
J |
|
|
Little Green Heron |
Butorides striatus |
J |
|
|
Intermediate Egret |
Egretta intermedia |
J |
|
|
Night Heron |
Nycticorax nycticorax |
J |
|
|
Purple Heron |
Ardea purpurea |
J |
|
|
Black Stork |
Ciconia nigra |
J |
|
|
Glossy Ibis |
Plegadis falcinellus |
A |
|
|
White Spoonbill |
Platalea leucorodia |
J |
|
|
Black-faced Spoonbill |
Platalea minor |
J |
|
|
Ruddy Shelduck |
Tadorna ferruginea |
J |
|
|
Shelduck |
Tadorna tadorna |
J |
|
|
Pintail |
Anas acuta |
J |
|
|
Teal |
Anas acrecca |
J |
|
|
Baikal Teal |
Anas formosa |
J |
|
|
Falcated Teal |
Anas falcata |
J |
|
|
Mallard |
Anas platyrhychos |
J |
|
|
Gadwall |
Anas strepera |
J |
|
|
Wigeon |
Anas penelope |
J |
|
|
Garganey |
Anas querquedula |
AJ |
|
|
Shoveler |
Anas clypeata |
J |
|
|
Common Pochard |
Aythya ferina |
J |
|
|
Baer's Pochard |
Aythya baeri |
J |
|
|
Tufted Duck |
Aythya fuligula |
J |
|
|
Scaup |
Aythya marila |
J |
|
|
Red-breasted Merganser |
Mergus serrator |
J |
|
|
White-bellied Sea-eagle |
Haliaeetus leucogaster |
A |
|
|
Marsh Harrier |
Circus japonica |
J |
|
|
Hobby |
Falco subbuteo |
J |
|
|
Watercock |
Gallicrex cinerea |
J |
|
|
Moorhen |
Gallinula chloropus |
J |
|
|
Pheasant-tailed Jacana |
Hydrophasianus chirurgus |
A |
|
|
Painted Snipe |
Rostratula benghalensis |
AJ |
|
|
Little Ringed Plover |
Charadrius dubius |
A |
|
|
Ringed Plover |
Charadrius hiaticula |
A |
|
|
Lesser Sand Plover |
Charadrius mongolus |
AJ |
|
|
Greater Sand Plover |
Charadrius leschenaultii |
AJ |
|
|
Oriental Plover |
Charadrius veredus |
A |
|
|
Lapwing |
Vanellus vanellus |
J |
|
|
Grey Plover |
Pluvialis squatarola |
A |
|
|
Pacific Golden Plover |
Pluvialis fulva |
AJ |
|
|
Little Whimbrel |
Numenius (borealis) minutus |
A |
|
|
Whimbrel |
Numenius phaeopus |
J |
|
|
Curlew |
Numenius arquata |
AJ |
|
|
Australian Curlew |
Numenius madagascariensis |
AJ |
|
|
Black-tailed Godwit |
Limosa limosa |
AJ |
|
|
Bar-tailed Godwit |
Limosa lapponica |
AJ |
|
|
Spotted Redshank |
Tringa erythropus |
J |
|
|
Redshank |
Tringa totanus |
AJ |
|
|
Marsh Sandpiper |
Tringa stagnatilis |
AJ |
|
|
Greenshank |
Tringa nebularia |
AJ |
|
|
Green Sandpiper |
Tringa ochropus |
J |
|
|
Wood Sandpiper |
Tringa glareola |
AJ |
|
|
Nordmann's Greenshank |
Tringa guttifer |
J |
|
|
Common Sandpiper |
Tringa hypoleucos |
AJ |
|
|
Grey-rumped Sandpiper |
Tringa brevipes |
AJ |
|
|
Terek Sandpiper |
Xenus cinereus |
AJ |
|
|
Turnstone |
Arenaria interpres |
AJ |
|
|
Swinhoe's Snipe |
Gallinago megala |
AJ |
|
|
Pintail Snipe |
Gallinago stenura |
A |
|
|
Common Snipe |
Gallinago gallinago |
J |
|
|
Woodcock |
Scolopax rusticola |
J |
|
|
Asiatic Dowitcher |
Limnodromus semipalmatus |
A |
|
|
Red Knot |
Calidris canutus |
AJ |
|
|
Great Knot |
Calidris tenuirostris |
AJ |
|
|
Red-necked Stint |
Calidris ruficollis |
AJ |
|
|
Long-toed Stint |
Calidris subminuta |
AJ |
|
|
Temminck's Stint |
Calidris temminckii |
J |
|
|
Sharp-tailed Sandpiper |
Calidris acuminata |
AJ |
|
|
Dunlin |
Calidris alpina |
AJ |
|
|
Curlew Sandpiper |
Calidris ferruginea |
AJ |
|
|
Sanderling |
Calidris alba |
AJ |
|
|
Spoon-billed Sandpiper |
Eurynorynchus pygmaeus |
J |
|
|
Broad-billed Sandpiper |
Limicola falcinellus |
AJ |
|
|
Ruff |
Philomachus pugnax |
AJ |
|
|
Black-winged Stilt |
Himantopus himantopus |
J |
|
|
Avocet |
Recurvirostra avosetta |
J |
|
|
Red-necked Phalarope |
Phalaropus lobatus |
AJ |
|
|
Grey Phalarope |
Phalaropus fulicarius |
AJ |
|
|
Oriental Pratincole |
Glareola maldivarum |
AJ |
|
|
Common Gull |
Larus canus |
J |
|
|
Herring Gull |
Larus argentatus |
J |
|
|
Slaty-backed Gull |
Larus schistisagus |
J |
|
|
Black-headed Gull |
Larus ridibundus |
J |
|
|
Black-legged Kittiwake |
Rissa tridactyla |
J |
|
|
Common Tern |
Sterna hirundo |
AJ |
|
|
Little Tern |
Sterna albifrons |
AJ |
|
|
Ancient Auk |
Synthliboramphus antiquus |
J |
|
|
Oriental Cuckoo |
Cuculus saturatus |
AJ |
||
Short-eared Owl |
Asio flammeus |
J |
||
White-throated Needletail |
Hirundapus caudacutus |
AJ |
||
Pacific Swift |
Apus pacificus |
AJ |
||
Little Swift |
Apus affinis |
J |
||
Sand Martin |
Riparia riparia |
J |
||
Barn Swallow |
Hirundo rustica |
AJ |
||
Red-rumped Swallow |
Hirundo daurica |
AJ |
||
Asian House Martin |
Delichon dasypus |
J |
||
Forest Wagtail |
Dendronanthus indicus |
J |
||
Yellow Wagtail |
Motacilla flava |
AJ |
||
Citrine Wagtail |
Motacilla citreola |
AJ |
||
White Wagtail |
Motacilla alba |
AJ |
||
Richard's Pipit |
Anthus richardi |
J |
||
Olive-backed Pipit |
Anthus hodgsoni |
J |
||
Pechora Pipit |
Anthus gustavia |
J |
||
Red-throated Pipit |
Anthus cervinus |
J |
||
Water Pipit |
Anthus spinoletta |
J |
||
Ashy Minivet |
Pericrocotus divaricatus |
J |
||
Tiger Shrike |
Lanius tigrinus |
J |
||
Brown Shrike |
Lanius cristatus |
J |
||
Black-naped Oriole |
Oriolus chinensis |
J |
||
Chestnut-cheeked Starling |
Sturnus philippensis |
J |
||
Red-tailed Robin |
Luscinia sibilans |
J |
||
Siberian Rubythroat |
Luscinia calliope |
J |
||
Siberian Blue Robin |
Luscinia cyane |
J |
||
Red-flanked Bluetail |
Tarsiger cyanurus |
J |
||
Daurian Redstart |
Phoenicurus auroreus |
J |
||
Stonechat |
Saxiocola torquata |
J |
||
Siberian Thrush |
Zoothera sibiricus |
J |
||
White's Thrush |
Zoothera dauma |
J |
||
Grey-backed Thrush |
Turdus hortulorum |
J |
||
Grey Thrush |
Turdus cardis |
J |
||
Pale Thrush |
Turdus pallidus |
J |
||
Eye-browed Thrush |
Turdus obscurus |
J |
||
Dusky Thrush |
Turdus naumanni |
J |
||
Short-tailed Bush Warbler |
Urosphena squameiceps |
J |
||
Middendorf's Grasshopper Warbler |
Locustella ochotensis |
J |
||
Lanceolated Warbler |
Locustella lanceolata |
J |
||
Great Reed Warbler |
Acrocephalus orientalis |
AJ |
||
Black-browed Reed Warbler |
Acrocephalus bistrigiceps |
J |
||
Yellow-browed Warbler |
Phylloscopus inornatus |
J |
||
Arctic Warbler |
Phylloscopus borealis |
AJ |
||
Pale-legged Leaf Warbler |
Phylloscopus tenellipes |
J |
||
Eastern Crowned Warbler |
Phylloscopus coronatus |
J |
||
Yellow-rumped Flycatcher |
Ficedula zanthopygia |
J |
||
Narcissus Flycatcher |
Ficedula narcissina |
J |
||
Mugimaki Flycatcher |
Ficedula mugimaki |
J |
||
Blue-and-White Flycatcher |
Cyanoptila cyanomelana |
J |
||
Sooty Flycatcher |
Muscicapa sibirica |
J |
||
Grey-streaked Flycatcher |
Muscicapa griseisticta |
J |
||
Brown Flycatcher |
Muscicapa latirostris |
J |
||
Japanese Paradise Flycatcher |
Terpsiphone atrocaudata |
J |
||
Ruddy Sparrow |
Passer rutilans |
J |
||
Brambling |
Fringilla montifringilla |
J |
||
Siskin |
Carduelis spinus |
J |
||
Black-tailed Hawfinch |
Eophona migratoria |
J |
||
Yellow-breasted Bunting |
Emberiza aureola |
J |
||
Black-faced Bunting |
Emberiza spodocephala |
J |
||
Japanese Yellow Bunting |
Emberiza sulphurata |
J |
||
Chestnut-eared Bunting |
Emberiza fucata |
J |
||
Rustic Bunting |
Emberiza rustica |
J |
||
Little Bunting |
Emberiza pusilla |
J |
||
Tristram's Bunting |
Emberiza tristrami |
J |
||
Pallas's Reed Bunting |
Emberiza pallasi |
J |
||
Reed Bunting |
Emberiza schoeniclus |
J |
||
A120 These species
are listed under:
(A) Agreement
between the Government of Australia and the Government of the People's Republic
of China for the Protection of Migratory Birds and Their Environment, and
(J) Agreement on the Protection of Migratory Birds and Their Habitats by the Governments of Japan and the People's Republic of China.
The Management Measures for Forests of Guangdong
Province, Section 26
A121 Natural
reserves should be protected.
Permission of relevant authorities is required for any special-aimed use
of the resources within natural reserves.
The Environmental Management Regulations for
Construction Projects in Guangdong Province, Section 4
A122 Any decision
on construction projects including their identification, layout, and siting
should meet the environmental planning requirements. Consideration should be given to protecting and to enhancing
the environmental quality of the whole area. Construction of projects which will cause environmental
pollution and ecological damage to water source protection zones, natural reserves,
and other special protection areas is prohibited.
Guangdong Provincial Implementary Detailed Regulations
for Natural Reserves of Forest and Wildlife Species, Section 12
A123 Natural
environment and resources within the natural reserves should be managed by the
administrative organization of nature reserves. Establishment of institutes or facilities is prohibited
without approval of the Ministry of Forestry or the provincial authority of
forest management.
Non
Statutory Guidelines
Deep Bay Guidelines for Dredging, Reclamation and
Drainage Works
A124 The Deep Bay Guidelines for Dredging,
Reclamation and Drainage Works (DBG) published by ERL (Asia) Ltd in
association with Binnie Consultants Ltd for EPD in 1991, defines a large area
of Inner Deep Bay and its coastal regions as a Special Measures Zone
(SMZ). It encompasses the area
within and bounded by Buffer Zone 2.
A125 Recommendations
on acceptable noise levels, sediment quality, water quality and air quality
were made for locations within this zone in order to protect the scientific,
educational and amenity interest of the SMZ.
A126 The
recommended guidelines for water quality, noise level and air quality within
the SMZ are given in the DBG.
These guidelines, however, are non-statutory and in some instances are
now outdated. However, the spirit
of the DBG should be retained where construction works are undertaken close to
Deep Bay as it was designed to protect the sensitive ecology of the area.
A127 The purpose of
the DBG is to provide Government project sponsors and construction contractors
with general guidance on issues of:
• site selection;
• work methods;
• environmental
site investigation needs;
• environmental
constraints, criteria and monitoring requirements;
• design
procedures, including assessment of impacts and selection of mitigation
measures; and
• special
conditions of contract and performance specifications to be applied to Deep Bay
projects.
A128 Environmental
constraints contained in the Deep Bay Guidelines which may be relevant to this
project include:
• noise
level limits for construction work; and
• measures
for minimizing disturbance to wildlife in the area.
Table
A.15 Deep Bay
Guidelines - Noise Level Limits for Construction Works Area, Just Outside
the Inner Deep Bay Special Measures Zone |
|
Time Period |
Acceptable Noise Level (dB(A))(1) |
Weekdays 0700-1900 hours (2) |
75 |
Weekdays 1900-2300 hours |
60 |
General Holidays (including Sundays) 0700-2300 hours |
60 |
All Days, 2300-0700 hours |
45 |
(5 min.) Leq measured at the building facade of a Noise Sensitive
Receiver (NSR). (2) Alternative
limit for weekdays, 0700-1900 hours, is 10 dB(A) above the ambient noise
level (measured as 1-hour L90 dB(A)). |
Table
A.16 Deep Bay
Guidelines – Noise Level Limits for Construction Works within Inner
Deep Bay Special Measures Zone |
|
Time Period |
Acceptable Noise Level (dB(A))(1) |
All Days, 0700-2300 hours(2) All Days, 2300-0700 hours |
60 45 |
Leq 5 min. measured freefield,
100 m from the site boundary. (2) Alternative
limit for weekdays, 0700-1900 hours, is 5 dB(A) above the ambient noise level
(measured as 1-hour L90 dB(A)). |
Table A.17 Deep Bay
Guidelines - Air Quality Objectives for Deep Bay Catchment |
||||
Concentration (Fg/m3) for
Different Averaging Times (i) |
||||
|
1 hr (ii) |
8 hr (iii) |
24 hr (iii) |
1 yr (iv) |
SO2 |
350-500 |
|
150 |
80 |
TSP (v) |
|
|
180 |
80 |
RSP (v) |
|
|
110 |
55 |
NO2 |
300 |
|
150 |
80 |
CO |
30,000 |
10,000 |
|
|
O3 |
200 |
100-120 |
|
|
Lead |
|
|
1.5 |
|
Measured at 298oK and 101.325 kPa (one atmos). Not to be exceeded more than 3 times per year. Not to be exceeded more than once per year. Arithmetic means. TSP = Total Suspended Particulates RSP = Respirable Suspended Particulates. |
* The
wise use of wetlands concept is defined, in Appendix 9 of the Ramsar
Convention Manual, as: "their sustainable utilisation for the benefit of
human kind in a way compatible with the maintenance of the natural properties
of the ecosystem".
[1] TPB
PG-No. 12A (Revised November 1994).
Town Planning Board Guidelines for Application for Developments within
Deep Bay Buffer Zones.