1. BACKGROUND
1.1 An application (No. ESB-029/1999) for an Environmental Impact Assessment
(EIA) study brief under section 5(1) of the Environmental Impact Assessment
Ordinance (EIAO) was submitted by the Applicant on 5 February 1999 with
a project profile (No. PP042/1999) .
1.2 The Applicant proposes to conduct a feasibility study for housing
development (the Study) in Whitehead and Lee On area in Ma On Shan. The
"Study Area" is about 60 hectares covering the Whitehead peninsula, the
proposed Ma On Shan railway Lee On Station and the private land in between
Whitehead and Lee On, as shown in drawing no. STZ0006 (the Drawing) of
Project Profile No. PP042/1999 (the Project Profile). The Study is to
establish a scheme for developing the "Study Area" for public and/or private
housing purposes to accommodate a total no. of 14,400 flats for a maximum
population of 41,000. The developments within the "Study Area" will involve
site formation works, infrastructure including building substructure and
superstructure, roads and drains, and landscape areas.
1.3 The project falls within Schedule 3 of the EIAO and would require
an environmental impact assessment report to be approved under the EIAO.
1.4 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental
Protection (the Director) issues this EIA study brief to the Applicant
to carry out an EIA study .
1.5 The purpose of this EIA study is to provide information on the nature
and extent of environmental impacts arising from the construction and
operation of the proposed designated project and related activities taking
place concurrently. This information will contribute to decisions by the
Director on:
- the overall acceptability of any adverse environmental consequences
that are likely to arise as a result of the proposed project;
- the conditions and requirements for the detailed design, construction
and operation of the proposed project to mitigate against adverse environmental
consequences wherever practicable; and
- the acceptability of residual impacts after the proposed mitigation
measures are implemented.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows:
- to describe the proposed project and associated works together with
the requirements for carrying out proposed developments arising from
the Study
- to identify and describe the elements of the community and environment
likely to be affected by the proposed developments covered by the study
and/or likely to cause adverse impacts to the proposed developments
arising from the Study, including both the natural and man-made environment;
- to identify and quantify emission sources and determine the significance
of impacts on sensitive receivers and potential affected uses;
- to identify and quantify any potential losses or damage to flora,
fauna and natural habitats;
- to identify any negative impacts on sites of cultural heritage and
to propose measures to mitigate these impacts;
- to identify and quantify any potential landscape and visual impacts
and to propose measures to mitigate impacts;
- to identify the negative impacts and propose the provision of infrastructure
or mitigation measures so as to minimize pollution, environmental disturbance
and nuisance during construction and operation of the developments arising
from the Study;
- to identify, predict and evaluate the residual (i.e. after practicable
mitigation) environmental impacts and the cumulative effects expected
to arise during the construction and operation phases of the project
in relation to the sensitive receivers and potential affected uses;
- to identify, assesses and specify methods, measures and standards,
to be included in the detailed design, construction and operation of
the project which are necessary to mitigate these environmental impacts
and cumulative effects and reducing them to acceptable levels;
- to investigate the extent of side-effects of proposed mitigation measures
that may lead to other forms of impacts;
- to identify constraints associated with the mitigation measures recommended
in the study;
- to identify, within the "Study Area", any individual projects that
fall under Schedule 2 of the EIAO, to ascertain whether the findings
of this EIA study have adequately addressed the environmental impacts
of those projects, and where necessary, to identify the outstanding
issues that need to be assessed in a detailed EIA study; and
- to design and specify the environmental monitoring and audit requirements
necessary to ensure the implementation and the effectiveness of the
environmental protection and pollution control measures adopted.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The purpose of this EIA study brief is to scope the key issues of
the EIA study. The Applicant has to demonstrate in the EIA report that
the criteria in the relevant sections of the Technical Memorandum on the
Environmental Impact Assessment Process of the Environmental Impact Assessment
Ordinance (thereafter refer to as the TM), are fully complied with.
The Scope
3.2 The scope of this EIA study shall cover all developments proposed
within the "Study Area" and any other works associated with these developments
outside the Study Area. The EIA study shall cover the combined impacts
of all these developments and the cumulative impacts of the existing,
committed and planned developments in the vicinity of the Study Area,
in accordance with the requirements laid down in Section 3.4 of the TM.
The environmental impacts of on-site and off-site works and facilities
associated with the proposed developments shall be addressed.
Technical Requirements
3.3 The Applicant shall conduct the EIA study to address all environmental
aspects of the works and activities as described in the scope as set out
above.
3.4 The EIA study shall take into consideration and compare clearly and
objectively the environmental impacts of different development options
considered in the study. In formulating the preferred development option,
the Applicant shall seek to avoid adverse environmental effects to the
maximum practicable extent. It is important to describe adequately in
the report the part environmental factors played in the selection of the
preferred option(s).
3.5 The EIA study shall include the following technical requirements
as specific impacts:
3.6 Air Quality Impact
3.6.1 The Applicant shall assess the air quality impacts to the air
sensitive receivers (ASRs) in the "Study Area" during operation phase.
3.6.1 The Applicant shall follow the criteria and guidelines for evaluating
and assessing air quality impact as stated in Annexes 4 and 12 of the
TM, respectively.
3.6.2 The "Assessment Area" for the air quality impact shall include
all areas within 500m from the "Study Area" as shown in the Drawing
attached to the Project Profile.
3.6.3 The air quality assessment shall include the following:
- presentation of existing and background air quality for the purpose
of evaluating the cumulative impacts of the proposed developments
within the Study Area and the developments in the vicinity;
- description of the topographical and man-made features which may
affect the dispersion characteristics of air pollutants;
- identification of representative existing, committed and planned
air sensitive receivers and/or potential affected existing, committed
and planned uses;
- identification of emission characteristics and provision of an emission
inventory of both existing, committed and planned air pollution sources
during the operational phase of the developments. The air pollution
sources shall include road traffic emissions, emissions from polluting
land use (based on Ma On Shan Outline Zoning Plan No. S/MOS/5), and
other air pollution sources identified in the course of this EIA study;
- description of the assessment method (whether it be analytical,
numerical or physical) and the associated assumptions, validity of
the method and limits of application;
- characterization, assessment and evaluation of the net and cumulative
air quality impacts during the operational phase of the developments;
- presentation of the assessment results in the form of summary table
and pollution contours, whenever practicable, for comparison with
relevant air quality standards and the examination of the land use
implications of these impacts; and
- proposals of effective mitigation measures to reduce the cumulative
air pollution impacts to established standards.
3.6.4 The Applicant shall follow the requirements of the Air Pollution
Control (Construction Dust) Regulation in dust control and shall initiate
an audit and monitoring programme during the construction stage to ensure
construction dust impacts are controlled within the relevant standard
as stipulated in Annex 4 of the TM.
3.7 Noise Impact
3.7.1 The applicant shall assess the noise impacts to the noise sensitive
receivers (NSRs) during the construction and operational phases.
3.7.2 The Applicant shall follow the criteria and guidelines for evaluating
and assessing noise impact as stated in Annexes 5 and 13 of the TM,
respectively.
3.7.3 The noise assessment shall include the following:
- Determination of Assessment Area
The "Assessment Area" for noise impact shall include all areas within
300m from the "Study Area" as shown in the Drawing attached to Project
Profile. Subject to the agreement of the Director, the Assessment
Area could be reduced accordingly if the first layer of noise sensitive
receivers within 300m from the Study Area, provides acoustic shielding
to those receivers at further distance behind.
- Provision of Background Information and Existing Noise Levels
The Applicant shall provide all background information relevant to
the proposed developments, e.g. relevant previous or current studies.
- Identification of Noise Sensitive Receivers
- The Applicant shall refer to Annex 13 in the TM when identifying
the NSRs. The NSRs shall include all existing NSRs and all planned/committed
noise sensitive developments and uses earmarked on the Ma On Shan
Outline Zoning Plan No S/MOS/5, the relevant ODP & LP. For planned
noise sensitive land use without committed site layout, the applicant
should base on relevant planning parameters to work out site layout
for operational noise assessment purpose; and
- The Applicant shall select assessment points to represent all
identified NSRs for carrying out quantitative noise assessment
described below. The assessment points shall be agreed with the
Director prior to the quantitative noise assessment. A map showing
the location and description such as name of building, use, and
floors of each and every selected assessment point shall be given.
- Provision of an Emission Inventory of the Noise Sources
An inventory of noise sources (e.g. construction equipment for construction
noise assessment), road traffic data, and train traffic data shall
be provided in the EIA report. Confirmation of the validity of the
inventory shall be obtained from the relevant government departments/authorities.
- Construction Noise Assessment
- The Applicant shall carry out assessment of noise impact from
construction (excluding percussive piling) of the project during
day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general
holidays in accordance with the methodology stipulated in para.
5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of
Annex 5 of the TM shall be adopted in the assessment.
- To minimize the construction noise impact, alternative construction
methods to replace percussive piling and blasting (if any) shall
be proposed as far as practicable. Unless blasting, if any, would
only be carried out during 7am to 7pm, noise mitigation measures
should be recommended; and
- If the unmitigated construction noise levels are found to exceed
the relevant criteria, the Applicant shall propose practicable
direct mitigation measures (including, but not limit to, movable
barriers, enclosures, quieter alternative methods, re-scheduling
and restricting hours of operation of noisy tasks) to minimize
the impact. If the mitigated noise levels still exceed the relevant
criteria, the duration of the noise exceedance and the likely
size of the community that may be affected shall be given.
- Operational Noise Assessment
Rail Noise
- The Applicant shall assess the impacts of the operation of the
Ma On Shan Railway within the Assessment Area with respect to
the acceptable levels contained in Table 1A in Annex 5 in the
TM. The assessment methodology including the railway/train design
noise level shall be agreed with the Director prior to the commencement
of the assessment.
- The Applicant shall present the noise levels in Leq (30 min)
and Leq(24hr), Lmax during the day and at night at the NSRs at
various representative floor levels (in m P.D.) on tables and
plans of suitable scale.
- The Applicant shall propose direct mitigation measures in all
situations where the predicted noise level exceeds the criteria
set out in Table 1A of Annex 5 of the TM to protect the affected
NSRs.
Fixed Noise Sources
- The Applicant shall identify any fixed noise sources within
the Assessment Area, including any pump houses, electricity sub-station,
bus depot/terminus, open car/lorry park, etc., and calculate the
expected noise using standard acoustics principles. Calculations
for the expected noise shall be based on assumed plant inventories
and utilization schedule for the worst case scenario. The Applicant
shall calculate the noise levels taking into account of correction
of tonality, impulsiveness and intermittency in accordance with
the Technical Memorandum for the Assessment of Noise from Places
other than Domestic Premises, Public Places or Construction Sites.
- The Applicant shall present the noise levels in Leq (30 min)
at the NSRs at various representative floor levels (in m P.D.)
on tables and plans of suitable scale.
- A quantitative assessment at the NSRs for the fixed noise source(s)
shall be carried out and compared against the criteria set out
in Table 1A of Annex 5 of the TM.
- The Applicant shall propose direct mitigation measures within
the project limits in all situations where the predicted noise
level exceeds the criteria set out in Table 1A of Annex 5 of the
TM to protect the affected NSRs.
Road Traffic Noise
- The Applicant shall analyze the scope of the existing and proposed
road alignment(s) to identify appropriate existing and new road
sections for the purpose of traffic noise impact assessment. When
an existing road section undergoes major modification which will
directly result in 25% increase in lanes or substantial changes
in alignment or characters (e..g change to a high speed road)
of the existing road, it shall be regarded as a new road for the
purpose of this noise impact assessment.
- The Applicant shall calculate the expected road traffic noise
using methods described in the U.K. Department of Transport's
"Calculation of Road Traffic Noise" (1988). Calculations of future
road traffic noise shall be based on the peak hour traffic flow
in respect of the maximum traffic projection within a 15 years
period upon commencement of operation of the proposed development.
The Applicant shall calculate the traffic noise levels in respect
of each road section and the overall noise levels from the combined
road sections (both new and existing) at the NSRs.
- The Applicant shall present the prevailing and future traffic
noise levels in L10, (1 hr) at the NSRs at various representative
floor levels (in m P.D.) on tables and plans of suitable scale.
- Quantitative assessment at the NSRs for the existing and proposed
road alignment(s) shall be carried out and compared against the
criteria set out in Table 1A of Annex 5 in the TM. The potential
noise impact of the existing and proposed road alignment(s) shall
be quantified by estimating the total number of dwellings, classrooms
and other noise sensitive elements that will be exposed to noise
levels exceeding the criteria set in Table 1A of Annex 5 in the
TM.
- after rounding of the predicted noise levels according to the
U.K. Department of Transport's "Calculation of Road Traffic Noise"
(1988), the Applicant shall propose appropriate noise mitigation
measures described in section 6 of Annex 13 in the TM in all situations
where the predicted traffic noise level exceeds the criteria set
in Table 1A of Annex 5 in the TM by 1 dB(A) or more.
- Where any of the proposed roads under this development is considered
as a Designated Project under Schedule 2 of the EIAO, sub-clauses
(na) to (nc) below shall be applied for the protection of NSRs
in the vicinity of the proposed development:
(ma) Specific reasons for not adopting certain direct technical
remedies in the design to reduce the traffic noise to a level
meeting the criteria in the TM or to maximize the protection
for the NSRs as far as possible should be clearly quantified
and laid down. The total number of dwellings, classrooms and
other noise sensitive elements that will be benefited by the
provision of direct technical remedies should be provided.
(mb) The total number of dwellings, classrooms and other
noise sensitive elements that will still be exposed to noise
above the criteria in the TM with the implementation of all
recommended direct technical remedies shall be quantified.
(mc) In case where a number of the NSRs cannot all be protected
by the recommended direct technical remedies, the Applicant
shall identify and estimate the total number of existing dwellings,
classrooms and other noise sensitive elements which may qualify
for indirect technical remedies under the ExCo directive "Equitable
Redress for Persons Exposed to Increased Noise Resulting from
the Use of New Roads", the associated costs and any implications
for such implementation. For the purpose of determining the
eligibility of the affected premises for indirect technical
remedies, reference shall be made to the following three criteria:
(mc1) the predicted overall noise level from the new road
together with other traffic noise in the vicinity must be
above a specified noise level (e.g. 70 dB(A) for domestic
premises and 65 dB(A) for education institutions, all in
L10(1 hr));
(mc2) the predicted overall noise level is at least 1.0
dB(A) more than the prevailing traffic noise level, i.e.
the total traffic noise level existing before the works
to construct the road commence; and
(mc3) the contribution to the increase in the predicted
overall noise level from the new road must be at least 1.0
dB(A).
- Assessment of Side Effects and Constraints
The Applicant shall identify, assess and propose means to minimize
any side effects and to resolve any potential constraints due to the
inclusion of any recommended direct technical remedies.
- Evaluation of Constraints on Planned Noise Sensitive Developments/Land
Uses
- For planned noise sensitive uses which will still be affected
even with all practicable direct technical remedies in place,
the Applicant shall propose, evaluate and confirm the practicality
of additional measures within the planned noise sensitive uses
and shall make recommendations on how these planned noise sensitive
uses can accommodate the additional measures to meet relevant
noise criteria. Such information will be made known to other relevant
parties.
- The Applicant shall take into account the agreed environmental
requirements/constraints identified by the study to assess the
development constraints on the concerned sites which shall be
made known to other relevant parties.
3.8 Water Pollution Impact
3.8.1 The Applicant shall follow the criteria and guidelines for evaluating
and assessing water pollution as stated in Annexes 6 and 14 of the TM,
respectively during the construction and operational phases.
3.8.2 The "Assessment Area" for the purpose of this water quality impact
assessment shall cover the "Study Area' as shown in the Drawing attached
to the Project Profile., plus any stream courses and the associated
water system in the vicinity that may be affected by the developments.
3.8.3 All physical, chemical and biological disruptions of fresh water
or ground water system(s) arising during the construction and operation
of developments shall be identified and analyzed.
3.8.4 In the water quality impact assessment, the Applicant shall include
the following:
- collection and review of background information on the existing
water system(s) and the respective catchment(s);
- characterization of water quality based on existing information
or site surveys/tests as appropriate;
- identification and analysis of all existing and future activities
and beneficial uses related to the water system(s) and identification
of all water sensitive receivers which would be affected by the proposed
development;
- identification of pertinent water quality objectives, criteria and
standards for the water system(s) and all the sensitive receivers,
which identified in (iii);
- identification of any alteration of any water courses, natural streams/ponds,
any wetland, changes of flow regimes, changes of ground water levels,
changes of catchment types or areas;
- identification, analysis and quantification of all existing and
future water and sediment pollution sources, including point discharges
and non-point sources to surface water runoff, and analysis of the
provision and adequacy of future facilities to reduce such pollution.
An emission inventory on the quantities and characteristics of all
existing and future pollution sources in the Assessment Area shall
be established, and field investigation and laboratory tests as appropriate
shall be undertaken to fill in any relevant information gaps.
- prediction and quantification of impacts on the water system(s)
and the sensitive receivers due to those alterations and changes identified
in (v) above and the pollution sources identified in (vi) above. Possible
impacts include changes in hydrology, flow regime, sediment erosion
or deposition, water and sediment quality and the effects on the aquatic
organism due to such changes. Impact of point source and no-point
source discharge to the marine environment shall be assessed. The
prediction shall take into account and include possible different
construction stages or sequences, and different operations stages.
As well as predication and quantification of cumulative impacts due
to other committed and planned projects, activities or pollution sources
within the Assessment Area;
- assessment and quantification of all existing and future waste water
generation activities and analysis of the adequacy of existing and
future sewerage infrastructure to accommodate sewage arising from
the proposed developments, and to propose the provision of upgrading
or mitigation measures as a result of inadequacy of the existing infrastructure.
- proposal for upgrading or providing any effective infrastructure,
water pollution prevention and mitigation measures to be implemented
during the construction and operational phases so as to reduce the
water and sediment quality impacts to within standards;
- best management practices to reduce storm water and non-point source
pollution shall be investigated and proposed as appropriate; and
- quantification and evaluation of residual impacts on the water system(s)
and the sensitive receivers with regard to the appropriate water quality
objectives, criteria, standards or guidelines.
3.9 Ecological Impact
3.9.1 The Applicant shall follow the criteria and guidelines for evaluating
and assessing ecological impact as stated in Annexes 8 and 16 of the
TM, respectively during the construction and operational phases. The
assessment shall include the ecological survey of Starfish Bay including
the headland containing sandy and rocky shores. Measures should be taken
to avoid impacts to the adjacent Nai Chung Coast SSSI and buffer zones
should be provided to protect the individual mudflat.
3.9.2 The "Assessment Area" for the purpose of this ecological assessment
shall include all areas within 500m distance from the "Study Area' as
shown the Drawing attached to the Project Profile or the area likely
to be impacted by the proposed developments.
3.9.3 In the ecological impact assessment, the Applicant shall examine
the flora, fauna and other components of the ecological habitats within
the project areas and other areas likely to be affected by the proposed
developments. The aim shall be to protect, maintain or rehabilitate
the natural environment. In particular, the proposed project shall avoid
impacts on recognized sites of conservation importance and other ecological
sensitive areas. The assessment shall identify and quantify as far as
possible the potential ecological impacts associated with the proposed
development.
3.9.4 The assessment shall include the following major tasks :
- review the findings of relevant studies and collate all the available
information regarding the ecological characters of the Assessment
Area;
- evaluate the information collected and identify any information
gap relating to the assessment of potential ecological impacts to
the terrestrial and aquatic environment;
- carry out necessary field surveys, the duration shall at least be
four months including the wet season, and investigations to verify
the information collected, fill the information gaps identified and
fulfill the objectives of the EIA study;
- establish the general ecological profile and describe the characteristics
of each habitat found; major information to be provided shall include
:
- description of the physical environment;
- habitat maps of suitable scale (1:1000 to 1:5000) showing the
types and locations of habitats in the Assessment Area;
- ecological characteristics of each habitat type such as size,
vegetation type, species present, dominant species found, species
diversity and abundance, community structure, inter-dependence
of the habitats and species, and presence of any features of ecological
importance;
- representative colour photos of each habitat type and any important
ecological features identified;
- species found that are rare, endangered and/or listed under
local legislation, international conventions for conservation
of wildlife/habitats or red data books;
- investigate and describe the existing wildlife uses of various habitats
with special attention to those wildlife groups and habitats with
conservation interests; including:
- woodlands;
- shrubland;
- natural coastline including rocky, and sandy shores;
- coastal bay such as Starfish Bay; and
- natural stream courses;
- mangroves.
- describe all recognized sites of conservation importance in the
proposed development site and its vicinity and assess whether these
sites will be affected by the proposed development or not;
- using suitable methodology, identify and quantify as far as possible
any direct, indirect, on-site, primary, secondary and cumulative ecological
impacts such as destruction of habitats, reduction of species abundance/diversity,
loss of feeding grounds, reduction of ecological carrying capacity
and habitat fragmentation;
- evaluate the significance and acceptability of the ecological impacts
identified using well-defined criteria;
- recommend all possible alternatives (such as modifications of layout
and design) and practicable mitigation measures to avoid, minimize
and/or compensate for the adverse ecological impacts identified;
- evaluate the feasibility and effectiveness of the recommended mitigation
measures and define the scope, type, location, implementation arrangement,
subsequent management and maintenance of such measures;
- determine and quantify as far as possible the residual ecological
impacts after implementation of the proposed mitigation measures;
- evaluate the severity and acceptability of the residual ecological
impacts using well-defined criteria. If off-site mitigation measures
are considered necessary to mitigate the residual impacts, the guidelines
and requirements laid down in the PELB Technical Circular No. 1/97
shall be followed; and
- review the need for and recommend any ecological monitoring programme
required.
3.10 Heritage Impact
3.10.1 The heritage impact assessment shall be conducted for the archaeological
impact to the Wu Kwai Sha, Lok Wo Sha and whitehead areas. The historic
buildings in Wu Kwai Sha Village shall also be addressed;
3.10.2 The heritage impact assessment shall focus on the evaluation
of impacts on archaeological areas, historic buildings and cultural
heritage and proposals for any mitigation measures with detailed elaboration
on scope of work including:
- heritage resources of archaeological areas and historic buildings
shall be identified as far as practicable through reference to appropriate
records, such as the archives of the AMO, and through consultations
with relevant village representatives, appropriate academic sources
and other Government sources, including the Lands Department, District
Offices, etc. and
- the criteria to be adopted to assess the level of direct and indirect
impacts to the heritage resources and to develop appropriate mitigation
measures, shall be established in close liaison with AMO during the
course of the EIA Study.
3.10.3 The Applicant shall follow the criteria and guidelines for evaluating
and assessing impacts on cultural heritage as stated in Annexes 10 and
19 of the TM respectively.
3.11 Landscape and Visual Impact
3.11.1 The Applicant shall follow the criteria and guidelines for evaluating
and assessing landscape and visual impact as stated in Annexes 10 and
18 of the TM, respectively.
3.11.2 The landscape and visual impact assessment shall include the
following:
- a baseline study to provide for a comprehensive and accurate description
of the baseline landscape and visual character;
- a review of the relevant planning and development control framework;
- impact studies to identify the potential landscape and visual impacts
and predict their magnitude and potential significance; and
- recommendations on mitigation measures and implementation programme.
3.11.3 The Applicant shall describe and appraise and analyze the existing
landscape resource and character of the Assessment Area (the "Assessment
Area" for landscape impact assessment shall include all area within
a 500m distance from the "Study Area" as shown in the Drawing attached
to the Project Profile. It should focus particular on the sensitivity
of the landscape framework and its ability to accommodate change. The
Applicant shall identify the degree of compatibility of the proposed
projects with the existing landscape. The landscape impact assessment
should quantify the potential landscape impacts as far as possible so
as to illustrate the significance of such impacts arising from the proposed
development.
3.11.4 The Applicant shall assess the visual impacts of the proposed
developments. The assessment shall include the following:
- identification and plotting of visibility contours of the proposed
project(s) within the Assessment Area (the "Assessment Area" for visual
impact assessment shall be defined by the visual envelope of the proposed
project);
- identification of the key groups of sensitive receivers within the
visibility contours with regard to views from both ground level and
elevated vantage points; and
- description of the visual compatibility of the projects with the
surrounding, and its distraction and interference with the key views
of the adjacent areas, and
- the severity of visual impacts in terms of distance, nature and
number of sensitive receivers shall be identified. The visual impacts
of the projects with and without mitigation measures shall be assessed.
3.11.5 The Applicant shall review outline zoning plans, outline development
plans, layout plans, planning briefs and studies which may contain guidelines
and urban design concept, building height profile, designated view corridors,
specific elements such as areas of high landscape and visual value,
"Site of Special Scientific Interest" and special design areas and open
space network that may affect the appreciation of the project so as
to gain an insight to the future outlook of the area affected and the
ways the project can fit into the environment. Any conflict with the
statutory town plan should be highlighted and appropriate follow-up
action should be recommended.
3.11.6 The Applicant shall recommend mitigation measures to minimize
the adverse effects identified in Sections 3.11.2 and 3.11.3 above,
including provision of a landscape design. The mitigation measures shall
also include the retention of vegetation, transplanting of mature trees,
provision of screen planting, revegetation of disturbed land, reprovision
of open space and amenity areas, design of structures, provision of
finishes to structures, and any measures to mitigate the disturbance
of the existing landuse. Parties should be identified for the on-going
management and maintenance for the proposed mitigation works to ensure
their effectiveness throughout the operational phase of the project.
A practical programme and funding proposal for the implementation of
the recommended measures shall be worked out.
3.11.7 Perspective drawings, plans and section /elevation diagrams,
annotated oblique aerial photographs, photographs on scaled physical
models, photo-retouching and computer-generated photo-montages where
appropriate shall be adopted to illustrate the landscape and visual
impacts of a project. The applicant should record the technical details
in preparing the illustration, which may need to be submitted for verification
of accuracy of the illustration.
4. REQUIREMENTS FOR IDENTIFICATION OF PROJECTS FALLING UNDER SCHEDULE
2 (DESIGNATED PROJECTS) OF THE ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
4.1 The Applicant shall identify clearly in the EIA report all items
within the "Study Area" that are classified as Designated Projects (DPs)
under Schedule 2 of the EIAO.
4.2 For those DPs under Schedule 2, which the environmental impacts have
been adequately addressed in this EIA study in accordance with the Study
Brief and TM requirements, separate schedules of mitigation measures shall
be provided in this EIA report.
4.3 Any DPs under Schedule 2 that require further detailed EIA studies
to assess outstanding environmental issues shall be clearly identified
and stated in this EIA study, and the scope of these detailed EIA studies
shall be set out in the EIA report.
5. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS
5.1 The Applicant shall identify in the EIA study whether there is any
need for EM&A activities during the construction and operation phases
of the project and, if affirmative, to define the scope of the EM&A requirements
for the project in the EIA study;
5.2 Subject to the confirmation of the EIA study findings, the Applicant
shall comply with the requirements as stipulated in Annex 21 of the TM;
5.3 The Applicant shall prepare a project implementation schedule (in
the form of a check list) containing all the EIA study recommendations
and mitigation measures with reference to the implementation programme.
6. DURATION OF VALIDITY
6.1 This EIA study brief is valid for 24 months after the date of issue.
If the EIA study does not commence within this period, the Applicant shall
apply to the Director for another EIA study brief afresh before commencement
of the EIA study.
7. REPORT REQUIREMENTS
7.1 In preparing the EIA report, the Applicant shall refer to Annex 11
of the TM for the contents of an EIA report. The Applicant shall also
refer to Annex 20 of the TM which stipulates the guidelines for the review
of an EIA report.
7.2 The Applicant shall supply the Director with the following number
of copies of the EIA report and the executive summary :
- 40 copies of the EIA report in English and 50 copies of the executive
summary (each bilingual in both English and Chinese) as required under
section 6(2) of the EIAO to be supplied at the time of application for
approval of the EIA report.
- when necessary, addendum to the EIA report and the executive summary
submitted in (i) above as required under section 7(1) of the EIAO, to
be supplied upon advice by the Director for public inspection.
- for the purpose of the public inspection of the report and the deposition
in the register, 40 copies of the EIA report and 80 copies of the executive
summary (each bilingual in both English and Chinese), unless otherwise
advised by the Director;
- 20 copies of the EIA report in English and 50 copies of the executive
summary (each bilingual in both English and Chinese) with or without
Addendum as required under section 7(5) of the EIAO, to be supplied
upon advice by the Director for consultation with the Advisory Council
on the Environment.
- In addition, to facilitate the public inspection of the EIA Report
via the EIAO Internet Website, the Applicant shall provide electronic
copies of both the EIA Report and the Executive Summary Report prepared
in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc
Format (version 3.0 or later) [for Chinese documents] and in Portable
Document Format (PDF version 3.0 or later) [for English documents],
unless otherwise agreed by the Director. For the HTML version, a content
page capable of providing hyperlinks to each section and sub-section
of the EIA Report and the Executive Summary Report shall be included
in the beginning of the document, and all graphics in the report shall
be in interlaced GIF format.
- The electronic copies of the EIA Report and the Executive Summary
shall be submitted to the Director at the time of application for approval
of the EIA Report.
- When the EIA Report and the Executive Summary are made available for
public inspection under Section 7(1) of the EIA Ordinance, the content
of the electronic copies of the EIA Report and the Executive Summary
must be the same as the hard copies. The Director shall be provided
with updated electronic copies.
- To promote environmentally friendly and efficient dissemination of
information, for future EM&A reports recommended by the EIA study, both
hardcopies and electronic copies shall be required and their format
shall be agreed by the Director.
- The EIA Report shall contain a summary of the key environmental outcomes
arising from the EIA study, including the population and environmentally
sensitive area protected, environmentally friendly design recommended,
key environmental problem avoided, compensation area included and environmental
benefits of environmental protection measures recommended.
8. OTHER PROCEDURAL REQUIREMENTS
8.1 During the course of the EIA study, if there is any change to the
name of the Applicant for this EIA study brief, the Applicant mentioned
in this study brief must notify the Director immediately.
8.2 If there is any key change to the scope of the Study mentioned in
section 1.2 of this EIA study brief and in Project Profile No. PP-042/1999,
the Applicant must seek confirmation from the Director in writing on whether
or not the scope of issues covered by this EIA study brief can still cover
the key changes, and what additional issues the EIA study must also address.
If the changes to the Study fundamentally alter the key nature of the
project and the key scope of the EIA study brief, the Applicant shall
apply to the Director for another EIA study brief afresh.
[ID WH_SB3]
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