3.1
This section presents a summary of current and relevant
environmental legislation which relates to the assessment of potential
environmental impacts from the proposed development.
3.2
Preparation of the EIA itself has been undertaken in accordance
with the Environmental Impact Assessment Ordinance (EIAO) and associated
Technical Memorandum on Environmental Impact Assessment (EIA-TM) (Environmental
Impact Assessment Ordinance, Cap.499, S.16).
3.3
The Air Pollution Control Ordinance (APCO) provides the statutory
authority for controlling air pollutants from a variety of stationary and
mobile sources, including fugitive dust emissions from construction sites. It
encompasses a number of Air Quality Objectives (AQOs) which stipulate
concentrations for a range of pollutants including Sulphur Dioxide (SO2),
Nitrogen Dioxide (NO2), Respirable Suspended Particulars (RSP) and Total
Suspended Particulates (TSP).
3.4
In addition, the AQOs, Annex 4 of EIA-TM also outlines criteria
for evaluating the construction dust and odour impacts.
3.5
The Air Pollution Control (Restriction on Open Burning)
Regulations may also be relevant during the construction phase of the
development.
3.6
Reference to table 1B of the Technical Memorandum on Environmental
Impact Assessment Process (EIA-TM) regarding noise standards for daytime
construction activities, a limit of Leq(30 min) 75 dB(A) has been
proposed for all domestic premises including temporary housing accommodation,
hotels and hostels. For schools, a daytime noise level of Leq(30 min)
70 dB(A), lowered to 65 dB(A) during examination periods is recommended.
3.7
Subsidiary regulations of the NCO include the Noise Control (Hand
Held Percussive Breakers) and Noise Control (Air Compressors) Regulations,
which required compliance with relevant noise emission standards and the fixing
of noise emission labels to hand-held percussive breaker and air compressor
respectively. While these requirement
3.8
The control of construction noise during restricted periods
(anytime for percussive piling) is carried out under the Noise Control
Ordinance (NCO) and three subsidiary Technical Memoranda (TMs) covering Noise
from Percussive Piling (PP-TM), Noise from Construction Work Other Than
Percussive Piling (GW-TM) and Noise from Construction Work in Designated Areas
(DA-TM). The TMs establish the permitted noise levels for construction work depending
upon working hours and the existing noise climate. Nothing in this report will
bind the noise Control Authority in the assessment of an application for a
Construction Noise Permit pursuant to the NCO, instead, the Authority will
consider each application based on the contemporary conditions/situations.
3.9
A Construction Noise Permit (CNP) is required by the regulations
of the NCO for the use of all PME during restricted hours. The procedures set
out in GW-TM, PP-TM, DA-TM are used by EPD to determine whether or not a CNP
should be issued. CNPs will not automatically be granted and will be assessed
on a case by case basis by the Authority.
3.10
The principal legislation governing marine water quality in Hong
Kong is the Water Pollution Control Ordinance (Cap 358), 1980 (WPCO). Under an
amendment to the original Ordinance of 1980, the Territorial Waters of Waters
of Hong Kong waters have been subdivided into ten Water Control Zones (WCZs)
with each WCZ being assigned a designated set of statutory Water Quality
Objectives (WQOs). These WQOs relate to the Beneficial Uses (BU) and
assimilative capacity of the particular water body or part thereof. The WCZ
relevant to this study is the Western Buffer Water Control Zone.
3.11
Effluents generated during the construction and operational phases
requiring disposal must comply with the discharge standards stipulated within
the Technical Memorandum on Standards for Effluents (TMSE) into Drainage and
Sewerage Systems, Inland and Coastal Waters prior to entering the receiving
water.
3.12
The Waste Disposal Ordinance (WDO) (Cap 354) was enacted in 1980
and the formulation of a strategic Waste Disposal Plan for Hong Kong was
founded upon this legislation. The relevant waste management legislation which
will require compliance during the construction phase include:
·
The Waste Disposal Ordinance(Cap. 354);
·
The Waste Disposal (Chemical Waste) (General) Regulation (Cap.
354); and
·
The Dumping at Sea Ordinance.
3.13
Under the WDO construction waste is classified as a trade waste
and the site contractor is responsible for its disposal. Under the Waste
Disposal (Chemical Waste) (General) Regulation (Cap. 354) chemical waste
includes scrap material and unwanted substances specified under Schedule 1 of
the Waste Disposal Regulation. Such materials are considered to have the
potential to cause serious environmental, health and safety hazards if they are
not stored and disposed of in an appropriate manner. If chemical wastes are to
be generated, requiring handling, storage and subsequent disposal, the
contractor must register with EPD as a chemical waste generator.
3.14
Guideline values issued within the EPD Technical Circular No
1-1-92 are used to determine suitability of dredges materials for marine
disposal (classification based upon metals only).
3.15
The methodology will be in general accordance with the project
brief and Annex 18 of the EIA-TM. The evaluation of landscape and visual impact
will be classified into five levels of significance, beneficial, acceptable,
acceptable with mitigation measures, unacceptable and determined in accordance
with Annex 10 of the EIA-TM.