This Section of the report describes the relevant
legislation and associated guidelines that are applicable to the evaluation of
impacts associated with the Project. All of the relevant legislation,
criteria or guidelines are those proposed and adopted or accepted by the Hong
Kong SAR Government. The standards and guidelines set out below are in
accordance with the Environmental
Impact Assessment Ordinance (Cap. 499. S.16) and the associated Technical Memorandum on Environmental
Impact Assessment Process (EIAO-TM).
It should be
noted that the proposed operations are no different to those currently in
practice at the East of Sha Chau CMP IV facility which are in accordance to the
Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972
(London Convention) to
which Hong Kong is a signatory through the People’s Republic of China.
·
Water Pollution Control Ordinance (WPCO); and
·
Environmental Impact Assessment Ordinance (Cap. 499. S.16), Technical
Memorandum on Environmental Impact Assessment Process (EIAO-TM), Annexes 6 and 14.
Annexes 6 and 14 of the EIAO-TM provide general guidelines and
criteria to be used in assessing water quality issues.
The EIAO-TM recognises that, in the application of the above water
quality criteria, it may not be possible to achieve the WQO at the source as
there are areas which are subjected to greater impacts (which are termed by EPD
as the mixing zones) where the initial dilution of a pollution input
takes place. The definition of this area is determined on a case-by-case
basis. In general, the criteria for acceptance of the initial dilution
area is that it must not impair the integrity of the water body as a whole and
must not damage the ecosystem or impact marine sensitive receivers (including migratory
pathways of important species, beaches, breeding grounds or other beneficial
uses).
Under the WPCO, Hong Kong waters are divided into 10 Water Control Zones
(WCZs) each of which has a designated set of statutory Water Quality Objectives
(WQOs) designed to protect the marine environment and it’s users. The two
proposed facilities are located within the Northwestern WCZ. The
applicable WQOs associated for this WCZ are provided in Table 3.1Table 3.1Table 3.1.
Table
33.11
|
Water Quality Objectives |
|
Aesthetic Appearance Ø
There should be no objectionable odours or
discolouration of the water. Ø
Tarry residues, floating wood, articles made of glass,
plastic, rubber or any other substances should be absent. Ø
Mineral oil should not be visible on the surface. Ø
There should be no recognisable sewage derived
debris. Ø
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. Bacteria Ø
The levels of Escherichia coli
should not exceed 180 counts per 100 ml at bathing beaches, calculated as the
geometric mean of the 5 most recent samples collected by EPD. Ø
The levels of Escherichia coli
should not exceed 610 counts per 100 ml at secondary contact recreation
sub-zones, calculated as the geometric annual mean. Dissolved
Oxygen Ø
The depth averaged concentration of dissolved oxygen
should not fall below 4 mg/l for 90% of the sampling occasions during the
whole year Ø
The concentration of dissolved oxygen should not be
less than 2 mg/l within 2m of the seabed for 90% of the sampling occasions
during the whole year. pH Ø
The pH of the water should be within the range 6.5 –
8.5 units. Ø
Human activity should not cause the natural pH range
to be extended by more than 0.2 units. Temperature Ø
Waste discharges shall not cause the natural daily
temperature range to change by more than 2.0oC. Salinity Ø
Waste Discharges shall not cause the natural ambient
salinity to change by more than 10%. Suspended
Solids Ø
Human activity should neither cause the natural
ambient level to be raised by more than 30% nor give rise to accumulation of
suspended solids which may adversely affect aquatic communities. Ammonia Ø
The un-ionised ammoniacal nitrogen level should not
be more than 0.21 mg/l calculated as the annual average (arithmetic mean). Nutrients Ø
Nutrients should not be present in quantities
sufficient to cause excessive or nuisance growth of algae or other aquatic
plants Ø
Without limiting the generality of the above point,
the level of inorganic nitrogen should not exceed 0.5 mg/l, or 0.3 mg/l
within Castle Peak
sub-zone, expressed as the annual water column average. Toxins Ø
Waste discharges shall not cause the toxins in water
to attain such a level as to produce significant toxic, carcinogenic,
mutagenic or teratogenic effects in humans, fish or other aquatic organisms,
with due regard to biologically cumulative effects in food chains and to interactions
of toxic substances with each other. Ø
Waste discharges shall not cause a risk to any
beneficial use of the aquatic environment. |
This Technical Circular includes a
set of sediment quality criteria, as presented below (Table
3.2Table 3.2Table 3.2), which include
heavy metals and metalloids, organic pollutants and a new class for highly
contaminated sediment not suitable for marine disposal.
Table 33.22
Dredged/Excavated Sediment Quality Criteria
for the Classification under ETWBTCW No 34/2002
|
Contaminants |
Lower Chemical Exceedance Level (LCEL) |
Upper Chemical Exceedance Level (UCEL) |
|
Metals (mg kg-1 dry weight) |
||
|
Cd |
1.5 |
4 |
|
Cr |
80 |
160 |
|
Cu |
65 |
110 |
|
Hg |
0.5 |
1 |
|
Ni(a) |
40 |
40 |
|
Pb |
75 |
110 |
|
Silver (Ag) |
1 |
2 |
|
Zinc (Zn) |
200 |
270 |
|
Metalloid (mg kg-1 dry weight) |
||
|
Arsenic (As) |
12 |
42 |
|
Organic-PAHs
(mg kg-1 dry weight) |
||
|
Low Molecular Weight (LMW) PAHs |
550 |
3160 |
|
High Molecular Weight (HMW) PAHs |
1700 |
9600 |
|
Organic-non-PAHs
(mg kg-1 dry weight) |
||
|
Total PCBs |
23 |
180 |
|
Organometallics
(mgTBT l-1
in interstitial water) |
||
|
Tributyltin (a) |
0.15 |
0.15 |
|
Note: (a) The contaminant level is
considered to have exceeded the UCEL if it is greater than the value shown. |
||
The DEP, as the
Authority under the DASO,
classifies sediments based on their contaminant levels with reference to the
Chemical Exceedance Levels (CEL) in the above table. There are three
categories of sediment:
|
Category L: |
Sediment with all contaminant
levels not exceeding the Lower
Chemical Exceedance Levels (LCEL). The material must be dredged,
transported and disposed of in a manner which minimises the loss of
contaminants either into solution or by re-suspension. |
|
Category
M: |
Sediment
with any one or more contaminant levels exceeding the LCEL and none exceeding
the Upper Chemical
Exceedance Levels (UCEL). The material must be dredged and transported
with care, and must be effectively isolated from the environment upon final
disposal unless appropriate biological tests demonstrate that the material
will not adversely affect the marine environment. |
|
Category H: |
Sediment with any one or more
contaminant levels exceeding the UCEL. The material must be dredged and
transported with great care, and must be effectively isolated from the
environment upon final disposal. |
·
The Wild Animals
Protection Ordinance (Cap. 170) 1980,
which protects all cetaceans and sea turtles.
The criteria for
evaluating fisheries impacts are laid out in the EIAO-TM. Annex 17 of the EIAO-TM prescribes the
general approach and methodology for the assessment of fisheries impacts
arising from a project or proposal, to allow a complete and objective
identification, prediction and evaluation of the potential impacts. EIAO-TM
Annex 9 recommends the criteria that are to be used for evaluating
fisheries impacts.
The proposed
dredging and disposal works for the new facility would be regarded as general
construction works and the principal legislation relating to the control of
construction noise is the Noise
Control Ordinance (Cap. 400)
(NCO). Also there are provisions promulgated under the Environmental
Impact Assessment Ordinance (EIAO) for assessing noise from
construction activities during daytime. Various Technical Memoranda
(TMs), which stipulate control approaches and criteria, have been issued under
the NCO and EIAO. The following TMs are applicable to the
control of noise from construction activities:
· Technical
Memorandum on Noise from
Percussive Piling (PP-TM);
· Technical
Memorandum on Noise from Construction Work other than Percussive Piling (GW-TM);
· Technical
Memorandum on Noise from Construction Work in Designated Areas (DA-TM);
and
· Technical
Memorandum on Environmental Impact Assessment Process (EIAO-TM).
Regardless of any
noise impact description or assessment made in this EIA Report, the Noise
Control Authority will be guided by the relevant TMs issued under the NCO in assessing any application, once filed, for a
construction noise permit (CNP) for works planned during restricted hours (ie
1900 to 0700 hours and any time on a general holiday including Sundays).
The Authority will consider all the factors affecting its decision taking the
contemporary situations and conditions into account. Nothing in this EIA
Report shall bind the Authority in making its decision and further, there is no
guarantee that a CNP will be issued. If a permit is to be issued, the
Authority may include any conditions it considers appropriate and such
conditions must be followed during the execution of the works covered by the
permit. Failing to do so may lead to cancellation of the permit and
prosecution action under the NCO.
Under the EIAO, noise impact arising from general construction works
during normal working hours (i.e. 0700 to 1900 hours on any day not being a
Sunday or public holiday) at the openable windows of noise sensitive uses is to
be assessed in accordance with the noise criteria as given in Annex 5 of the EIAO-TM.
The EIAO-TM noise standards are presented in Table 3.3Table 3.3Table
3.3.
Table
33.33
|
Use |
Noise Standard |
|
Domestic Premises |
75 |
|
Educational Institutions (normal periods) Educational Institutions (during examination
periods) |
70 65 |
Dredging operations
are expected to take place during restricted hours. The NCO provides statutory controls on general construction works
during restricted hours (ie 1900 – 0700 hours Monday to Saturday and at any
time on Sundays and public holidays). The use of powered mechanical
equipment (PME) for carrying out construction works during these restricted
hours would require a CNP. The Noise Control Authority will assess all
CNP applications on a case-by-case basis and, in doing so, it will be guided by
the GW-TM.
When assessing an
application for the use of PME, the Noise Control Authority will compare the
Acceptable Noise Levels (ANLs) specified in the GW-TM with the Corrected Noise
Levels (CNLs) (adjusted for any barrier and reflection effects) associated with
the proposed PME operations. The NCO requires that noise levels from
construction at affected NSRs be less than the specified ANL. The ANLs
are related to the inherent noise sensitivity of the noise receiver areas in
question, which in turn relate to the background noise characteristics of these
areas. Each noise receiver area is then assigned an Area Sensitivity
Rating based on its predominant land use and the presence, if any, of
Influencing Factors such as nearby industrial areas, major roads or airports.
The relevant ANLs are shown in Table
3.4Table 3.4Table
3.4.
Table 33.44
Acceptable Noise Levels (ANL, Leq, 5 min dB(A))
|
Time period |
Area
Sensitivity Rating |
||
|
|
A |
B |
C |
|
All days during the evening (1900-2300 hours) and general
holidays (including Sundays) during the day and evening (0700-2300 hours) |
60 |
65 |
70 |
|
All days during the night-time (2300-0700 hours) |
45 |
50 |
55 |
|
Note: (1) The above standards apply to uses which
rely on opened windows for ventilation |
|||
As the Study Area
is located outside a designated area, the noise criteria stipulated under the
DA-TM are not applicable in this Study.
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
·
AMO Marine
Archaeological Investigation Guidelines.
The EIAO-TM outlines the approaches required in investigating and
assessing the impacts on cultural heritage sites. The following 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.”
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 palaeontological 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 two categories, as
follows:
·
Designated – those that have been declared as monuments and are to be
protected and conserved at all costs; and,
·
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.
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.
The HKPSG,
Chapter 10 (Conservation), provides general guidelines and measures for the
conservation of historical buildings and archaeological sites and other
antiquities.
The AMO has 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 II of the EIAO Study Brief.
As the seabed would be affected by the
proposed project, seabed gazettal under the Foreshore
and Sea-bed (Reclamations) Ordinance (FSRO) (Cap. 127) would be required. The purposes of the FSRO
are as follows:
·
To provide for the publication of proposals in respect of reclamations
over and upon any foreshore and sea-bed;
·
To make provision
in respect of objections to the proposals, the payment of compensation and
connected matters; and
·
To repeal the Public
Reclamations and Works Ordinance (Cap 113 1984 Ed.) and the Foreshores and Sea Bed
Ordinance (Cap 127 1984 Ed.).
Contents
3.1 Introduction 1
3.2 Water Quality 1
3.3 Marine Ecology 4
3.4 Fisheries 4
3.5 Noise Impact 5
3.6 Cultural Heritage 7
3.7 Foreshore and
Sea-bed (Reclamations) Ordinance (Cap. 127) 9