11 CULTURAL HERITAGE IMPACT ASSESSMENT
11.1 INTRODUCTION
This Section presents the assessment of potential construction phase impacts on cultural heritage resources within the project boundary in accordance with Clause 3.4.9 of the EIA Study Brief. Mitigation measures required to ameliorate the potential impacts to acceptable levels have been recommended, where appropriate.
11.2 LEGISLATIVE REQUIREMENTS AND EVALUATION CRITERIA
The following legislation is applicable to the assessment of cultural heritage resources in Hong Kong:
* Environmental Impact Assessment Ordinance (Cap. 499). Technical Memorandum on the EIA Process (EIAO-TM);
* Antiquities and Monuments Ordinance (Cap. 53);
* Hong Kong Planning Standards and Guidelines (HKPSG); and
* Marine Archaeological Guidelines.
11.2.1 EIAO Requirements
The submarine gas pipeline component of the project is considered to be a Designated Project under item H.2 of Part I of Schedule 2 of the Environmental Impact Assessment Ordinance (EIAO).
EIAO Study Brief
The Environmental Protection Department (EPD) has issued a mStudy Brief (ESB-087/2001), which outlines the requirements of the Environmental Impact Assessment (EIA) for the proposed Project, including the requirements for undertaking the Marine Archaeological Investigation (MAI).
The following Sections of the Study Brief are applicable:
Clause 3.4.9.1 "The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM, respectively."
Clause 3.4.9.2 "The Applicant shall engage a qualified marine archaeologist to review available information to identify whether there is any possible existence of sites or objects of cultural heritage, for example shipwreck, within an area 10 metres on either side of the preferred alignment of the proposed gas pipelines and any seabed areas that would be affected by the marine works of the Project. If found, a Marine Archaeological Investigation (MAI) is required within the said area. The MAI shall be carried out by a qualified marine archaeologist who shall obtain a License from the Antiquities and Monuments Ordinance (Cap. 53). The requirements of the MAI are set out in Annex E (of the EIA Study Brief)."
Technical Memorandum on the EIA Process
The EIAO-TM outlines the approaches required in investigating and assessing the impacts on cultural heritage sites. The following Sections are applicable:
Annex 19: "There is no quantitative standard in deciding the relative importance of these sites, but in general, sites of unique archaeological, historical or architectural value will be considered as highly significant. A baseline study shall be conducted: (a) to compile a comprehensive inventory of places, buildings, sites and structures of architectural, archaeological and historical value within the proposed project area; and (b) to identify possible threats of, and their physical extent, destruction in whole or in part of sites of cultural heritage arising from the proposed project."
The Memorandum also outlines the Criteria for Assessment of Impact on Sites of Cultural Heritage as follows:
Annex 10: "The criteria for evaluating impact on sites of cultural heritage includes: (a) The general presumption in favour of the protection and conservation of all sites of cultural heritage because they provide an essential, finite and irreplaceable link between the past and the future and are points of reference and identity for culture and tradition; (b) Adverse impacts on sites of cultural heritage shall be kept to the absolute minimum."
The Memorandum also outlines the approach in regard to the preservation in totality, in part, and not at all of cultural resources:
Annex 19: "Preservation in totality will be a beneficial impact and will enhance the cultural and socio-economical environment if suitable measures to integrate the sites of cultural heritage into the proposed project are carried out. If, due to site constraints and other factors, only preservation in part is possible, this must be fully justified with alternative proposals or layout designs, which confirm the impracticability of total preservation."
11.2.2 Antiquities and Monuments Ordinance (Cap.53)
In addition to the EIAO, cultural heritage resources in Hong Kong are protected by legislative and administrative mechanisms. The Antiquities and Monuments Ordinance (Cap. 53), provides power for the designation of Antiquities and Monuments Sites or Declared Monuments in Hong Kong, and provides statutory protection against the threat of development for declared monuments, historic buildings and archaeological sites on land and underwater which have been recommended by the Antiquities Advisory Board (AAB), approved by the Chief Executive and gazetted in the government gazette to enable their preservation for posterity.
The Antiquities Authority may, after consultation with the Antiquities Advisory Board (AAB) and with Government approval, gazette and protect any place, building, site or structure considered to be of public interest by reason of its historical, archaeological or palaentological significance. Once declared a site of public interest, no person may undertake acts that are prohibited under the Ordinance, such as demolishing or carrying out construction or other works, unless a permit is obtained from the Antiquities Authority.
For archaeological sites, all relics dated prior to 1800 AD belong to the Hong Kong Government. Archaeological sites are classified into three categories, as follows:
* Designated - those that have been declared as monuments and are to be protected and conserved at all costs;
* Administrative Protection - those which are considered to be of significant value but which are not declared as monuments and should be either protected, or if found not possible to protect these sites then salvaged; and
* Monitored - those which are of lesser significance or whose potential is not fully assessed which should not be disturbed with the exception of minor works if they are permitted and monitored by AMO.
The Legislation also sets out the procedures for the issuing of Licences to Excavate and Search for Antiquities, the effect of which is to forbid all such activities being undertaken without such a licence. It also provides for the penalties exacted for infringement of the Ordinance, including fines and imprisonment.
Although there are no statutory provisions for the protection of Sites of Cultural Heritage, Deemed Monuments and Graded Buildings in Hong Kong, the Government has administrative procedures which state that consideration must be given to protect them. However, at present, the record of sites of cultural heritage is incomplete as many areas have yet to be surveyed in detail.
Section 11 of the Antiquities and Monuments Ordinance requires any person who discovers an antiquity, or supposed antiquity, to report the discovery to the Antiquities Authority. Nevertheless it is prudent to ensure that procedures and mechanisms which ensure the preservation or formal notification of previously unknown archaeological resources that may be revealed or discovered during a project assessment or during construction are identified at an early stage in project planning.
11.2.3 Hong Kong Planning Standards and Guidelines
The HKPSG, Chapter 10 (Conservation), provides general guidelines and measures for the conservation of historical buildings and archaeological sites and other antiquities.
11.2.4 AMO Marine Archaeological Guidelines
The AMO have issued Guidelines for Marine Archaeological Investigation (MAI) which details the standard practice, procedures and methodology which must be undertaken in determining the marine archaeological potential, presence of archaeological artefacts and defining suitable mitigation measures. The guidelines are provided in Appendix A in Annex F for reference.
11.3 ASSESSMENT METHODOLOGY
11.3.1 Baseline Review
A baseline review was undertaken to compile a comprehensive inventory of cultural heritage resources of the Study Area. The Review established the historical profile and potential for cultural heritage sites and included:
* Marine charts records held in British Library and National Maritime Museum Library in London focus on cultural heritage features;
* Information held by the Antiquities and Monuments Office;
* Publications on local historical, architectural, anthropological, archaeological and other cultural studies;
* Unpublished papers, records, archival and historical documents held in local libraries and other government departments.
11.3.2 Geophysical Survey
The Geophysical Survey was undertaken to define the areas of greatest archaeological potential, assess the depth and nature of the seabed sediments to define which areas consist of suitable material to bury and preserve archaeological material and to map anomalies on the seabed which may be of archaeological potential.
EGS (Asia) Limited undertook the Survey in June 2002, which covered a 700 m corridor (350 m either side of the proposed centreline) along the length of the proposed pipeline route (to the Hong Kong SAR boundary) (see Figure 11.1a). The main traverses were set 70 m apart, with cross lines for interpretation at 300 m intervals. This survey allowed for a comprehensive investigation of the seabed, and below the seabed.
The equipment used for the survey is presented in Annex F.
11.3.3 Establishment of Archaeological Potential
The data examined during the Baseline Review and Geophysical Survey were analysed to provide an indication of the likely character and extent of archaeological resources within the Study Area. The results are presented in Section 11.4.
11.4 BASELINE CONDITIONS
The Project is proposed to be located in Tai Po Hoi (Tolo Harbour) in the south west, Chek Mun (Tolo Channel), and Tai Pang Wan (Mirs Bay) to the north east and extends to Mainland China (Cheng Tou Jiao). The study was limited to the area within the boundaries of the Hong Kong SAR. The pipeline will be landed at the Towngas Gas Receiving Station at Tai Po Industrial Estate, which is on reclaimed land. As such, no land-based cultural heritage resources were identified within the Study Area.
No evidence of any submerged cultural heritage sites including shipwrecks, was identified from a review of charts and literature. The detailed findings are presented in Annex F.
A comprehensive Geophysical Survey was conducted covering a 700m pipeline corridor to identify all forms of submerged marine archaeological deposits and objects. The pipeline corridor and surrounds have been greatly affected by fishing trawlers and anchors and this will have resulted in impacts to the type and state of preservation of any submerged marine archaeological deposits. Ten anomalies were discovered on the seabed and they are likely to be remains of small vessels (in various states of preservation) that have been relatively recently deposited (i.e. within the last fifty years) and are possibly associated with fishing in the area. The detailed findings of the Marine Archaeological Investigation are presented in Annex F. These anomalies are not considered to have archaeological potential.
11.5 POTENTIAL SOURCES OF IMPACT
The potential sources of impact may arise due to the submarine installation of the pipelines by jetting techniques and minor dredging activities.
11.6 IMPACT ASSESSMENT
Preservation in totality is taken as the first priority and the assessment has taken into account the requirements as specified in the Section 2.1 of Annex 10 and Sections 2.6-2.14 of Annex 19 of the EIAO-TM.
As no land based cultural heritage resources were identified, no impacts are expected.
Ten anomalies were identified in the MAI and they are likely to be small vessels that have been relatively recently deposited. They are not considered to have archaeological potential. As such, no impacts are expected from the installation of the pipelines.
11.7 MITIGATION OF ADVERSE IMPACTS
No cultural heritage resources are identified within the Study Area and therefore, no mitigation measures are considered necessary.
11.8 CONCLUSIONS
A comprehensive baseline review identified no land based or submerged cultural heritage resources within the Study Area.
A comprehensive Geophysical Survey has been conducted within a 700 m pipeline corridor and ten anomalies were identified. The anomalies are likely to be small vessels (in various states of preservation) that have been deposited within the last 50 years and are possibly associated with fishing in the area. They are not considered to have archaeological potential.