1                          INTRODUCTION

1.1                    Project Background

Background

1.1.1               The airport at Kai Tak was relocated to Chek Lap Kok in July 1998.  The relocation has offered a good opportunity for major development in the Metro Area.

1.1.2               Completed in September 1991, the Metroplan Selected Strategy proposed a broad land use framework for redevelopment of the Kai Tak Airport, which included reclamation at Kowloon Bay, Kai Tak Approach Channel and Kwun Tong Typhoon Shelter and extension of highway and railway networks, and port-related facilities.

1.1.3               The South East Kowloon Development (SEKD) Statement Study completed in November 1993 has translated the Metroplan Framework into more specific planning objectives.  The Outline Master Development Plan (OMDP) prepared under the study covered a development area of about 580 ha, with about 300 ha. of reclamation area, to accommodate an overall population of 285,000 persons.

1.1.4               The Feasibility Study for South East Kowloon Development (SEKDFS) completed in December 1997 have fine-tuned the OMDP and identified phased and integrated developments for the early development packages.  The feasibility study has recommended a development area of 630 ha, with a reclamation area of 299 ha. to accommodate a population of 320,000 persons.  The scheme was incorporated in the draft Kai Tak (North) and Kai Tak (South) OZPs No. S/K19/1 and S/K21/1 exhibited in September 1998.  Strong public objections, mainly on the extent of reclamation were received.

1.1.5               To address these objections, a revised scheme was prepared after a series of public consultation in mid-1999.  The Comprehensive Feasibility Study for the Revised Scheme of South East Kowloon Development (SEKDCFS) was commissioned in November 1999 to prepare more detailed proposals for the revised scheme and to examine the overall feasibility.  In mid-2000, a Preliminary Layout Plan (PLP) on the revised scheme was promulgated for public consultation.  With the community’s general support on the PLP, the SEKDCFS proceeded to the detailed feasibility and preliminary design phase.  By mid-2001, the SEKDCFS completed an OMDP and the preliminary design for the whole SEKD.

1.1.6               The draft Kai Tak (North) OZP No. S/K19/2 and draft Kai Tak (South) OZP No. S/K21/2, incorporating relevant proposals of the SEKDCFS and the OMDP, were gazetted in August 2001 providing the statutory planning framework for the area.  The extent of reclamation has reduced from 299 ha to 133 ha.  With a development area of about 461 ha, the revised scheme is planned to house a population of about 260,000 in 78,000 flats.  Apart from a variety of housing, the planned tourism node, Cruise Terminal, Stadium Complex and Metropolitan Park are the key features in SEKD for formation of a new tourism, sports and recreation centre in the Metro Area.

1.1.7               On 25 June 2002, the Chief Executive in Council (CE in C) approved the OZPs, which were renumbered as S/K19/3 and S/K21/3 and exhibited for public inspection on 5 July 2002.

1.1.8               The approved OZPs have incorporated a number of reclamation proposals, namely Kowloon Bay Reclamation, Kai Tak Approach Channel (KTAC) Reclamation, Kwun Tong Typhoon Shelter (KTTS) and Cha Kwo Ling Reclamation and reclamation for a cruise terminal, with a total reclamation area of about 133 ha.

1.1.9               According to the Judgment of the Court of Final Appeal (CFA) on the draft Wan Chai North OZP handed down on 9 January 2004, the Protection of the Harbour Ordinance (PHO) establishes a statutory principle recognizing the harbour as a special asset and a natural heritage of Hong Kong people and prescribing that it is to be protected and preserved.  According to the CFA Judgment, the presumption against reclamation under s.3(1) of the PHO can only be rebutted by establishing an overriding public need for reclamation, i.e. “the overriding public need test”.  In view of the CFA judgment, a comprehensive review of the Kai Tak OZPs is required to ensure the planning framework meeting the statutory requirement.

1.1.10           On 13 January 2004, the Government agreed to commission Consultants to undertake a Comprehensive Planning and Engineering Review of SEKD.  The Comprehensive Review is broadly divided into two parts.  Part I of the Review is a Planning Review.  It started with “no reclamation” as the planning basis to formulate Preliminary Outline Development Plan (PODP).  Part II is an Engineering Review to undertake detailed engineering feasibility studies and Environmental Impact Assessment (EIA) study, including Schedule 3 EIA Study, to confirm the feasibility of the PODP, as well as to produce a Recommended Outline Development Plan.

1.1.11           In July 2004, Planning Department commissioned the Kai Tak Planning Review (KTPR) as Part I of the Comprehensive Review.  The KTPR include 3 stages of public participation.  Stage 1 was to engage the public in determining vision and key issues.  Stage 2 was to engage the public on the Outline Concept Plans (OCPs).  Stage 3 was to engage the public on the draft PODP.

1.1.12           Stage 1 public participation was conducted between September and November 2004.  Three OCPs were formulated for the Stage 2 public participation namely “City in the Park”, “Kai Tak Glamour” and “Sports by the Harbour” for public participation between November 2005 and January 2006 before preparation of a draft PODP.  The community and stakeholder groups were consulted on the draft PODP in Stage 3 during June to August 2006.

1.1.13           On the basis of 'no reclamation', the PODP proposes residential developments for about 86,000 persons.  A copy of the PODP is shown in Figure 1.1.  The PODP proposes to create a new urban node at Kai Tak, supported by a belt of office developments, several residential neighbourhoods and a variety of Government, institution or community (GIC) facilities, a stadium complex fronting Victoria Harbour, a cruise terminal and a tourism node at the end of the former runway and a Metro Park in the northern section of the runway and surrounding the Kai Tak Approach Channel (KTAC).

EIA Study Briefs

1.1.14           The feasibility study of the Kai Tak Development Project falls within item 1 under Schedule 3 of the EIAO and include various Schedule 2 Designated Projects under the Environmental Impact Assessment Ordinance (EIAO) which require Environmental Permits (EPs).

1.1.15           One of the Schedule 2 Designated Projects is the Dredging Works for Proposed Cruise Terminal at Kai Tak.  The Project involves dredging of sediment from the existing seabed in a harbour area close to the southern tip of the former airport runway to provide the necessary manoeuvring basin of adequate draught for cruise vessels; and dredging of existing seawall at the southern tip of the former airport runway.

1.1.16           The EIA Study Brief No. ESB-152/2006 for the feasibility study of the Kai Tak Development Project was issued by the Environmental Protection Department under Section 5(7) of EIAO in August 2006.  EIA Study Brief No. ESB-159/2006 for the above Schedule 2 Designated Project namely Dredging Works for Proposed Cruise Terminal at Kai Tak was issued under EIAO in December 2006.

1.1.17           Within the scope of the Schedule 3 EIA study for the feasibility study of the Kai Tak Development, any individual project(s) that fall under Schedule 2 of the EIAO will also be identified in the Schedule 3 EIA Report.

1.2                    Purpose of this EIA Report

1.2.1               The purpose of this EIA report is to provide an environmental impact assessment for the Schedule 2 Designated Project “Dredging Works for Proposed Cruise Terminal at Kai Tak” in accordance with the requirements in the EIA Study Brief No. ESB-159/2006.

1.2.2               As per the requirement in Section 3.4.1 of the EIA Study Brief, this EIA has been conducted using the best and latest information available during the course of the EIA.

1.3                    Objectives and Scope of the Schedule 2 EIA Study

1.3.1               According to the EIA Study Brief (No. ESB-159/2006), the scope of this Schedule 2 EIA Study shall cover the Project described in Section 1.1.15 above.  The EIA Study shall address the key issues described below, together with any other key issues identified during the course of the EIA Study and the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed, and planned and known potential developments in the vicinity of the Project:

(i)             the potential water quality impacts arising from the dredging and other associated activities of the Project and works in the vicinity of the Project;

(ii)            the potential odour impacts arising from the dredging and other associated activities of the Project;

(iii)          the potential impacts of various types of waste to be generated from the Project;

(iv)           the potential construction noise impacts arising from the Project;

(v)            the potential cultural heritage impact on marine archaeological deposit likely to be affected by the dredging activities of the Project;

(vi)           the potential impacts of marine ecological and fisheries impacts to be generated from the Project; and

(vii)         the potential cumulative environmental impacts of the Project through interaction or in combination with other concurrent existing, committed and planned developments in the vicinity of the Project. Particular attention shall focus on those impacts identified to have a direct bearing on the environmental acceptability of the Project.

1.3.2               The EIA Study Brief, in accordance with the Technical Memorandum on EIA Process (EIAO-TM), states the objectives for this Schedule 2 EIA Study as follows:

l               to describe the Project together with the requirements for carrying out the Project;

l               to identify and describe the elements of the community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including both the natural and man-made environment and associated environmental constraints;

l               to provide information on the consideration of alternatives to avoid or minimize the potential adverse environmental impacts on the sensitive uses at the Project and adjacent areas that may be subject to the adverse environmental impacts of the Project;

l               to provide justification and constraints for selecting the preferred option(s) and to describe the part environmental factors played in the selection;

l               to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

l               to identify and quantify waste management requirements and to propose measures to avoid or mitigate these impacts;

l               to identify any negative impacts on fisheries and marine ecology and to propose measures to mitigate these impacts;

l               to identify and quantify any potential losses or damage to flora, fauna and natural habitats and to propose measures to avoid or mitigate these impacts;

l               to identify any negative impacts on site of cultural heritage and to propose measures to avoid or mitigate these impacts;

l               to identify the negative impacts and propose measures to avoid or provision of mitigation measures to minimize pollution, environmental disturbance and nuisance during the implementation of the Project;

l               to investigate the feasibility, practicability, effectiveness and implications of the proposed impact avoidance or mitigation measures;

l               to identify, predict and evaluate the residual environmental impacts (i.e. after practicable avoidance or mitigation measures) and the cumulative effects expected to arise during the implementation of the Project and other works in vicinity in relation to the sensitive receivers and potential affected uses;

l               to identify, assess and specify methods, measures and standards to be included in the detailed design and implementation of the Project which are necessary to mitigate these environmental impacts and cumulative effects and reduce them to acceptable levels;

l               to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as provision of any necessary modification; and

l               to design and specify environmental monitoring and audit requirements to ensure effective implementation of the recommended environmental protection and pollution control measures.

1.4                    Relevant Approved EIA Reports

1.4.1               Two previous EIA studies provide background/baseline information to this current Schedule 2 EIA:

(i)             An EIA was carried out on the Outline Master Development Plan (OMDP) under the Feasibility Study for South East Kowloon Study (SEKDFS).  The EIA Report on the OMDP was administratively endorsed by the Environmental Study Management Group (ESMG) of the SEKDFS but was withdrawn in 1999 before public inspection of the EIA Report.

(ii)           Following the completion of SEKDFS, the Comprehensive Feasibility Study for the Revised Scheme of South East Kowloon Development (SEKDCFS) was commissioned in 1999 to prepare more detailed proposals for the revised scheme and to examine the overall feasibility.  An EIA Report for the SEKDCFS was approved under the EIAO in 2001 (Application No. EIA-059/2001).

1.5               Structure of this Report

1.5.1          The background of the Project and objectives of this report are introduced in Section 1.  A description of the Project is provided in Section 2.  Sections 3 to 9 with impact assessment on different environmental aspects as listed below, covering relevant legislation, environmental conditions, assessment criteria and methods, and assessment findings:

l               Section 3 – Air Quality Impact

l               Section 4 – Noise Impact

l               Section 5 – Water Quality Impact

l               Section 6 – Waste Management Implications

l               Section 7 – Impact on Cultural Heritage

l               Section 8 – Marine Ecological Impact

l               Section 9 – Fisheries Impact

1.5.2          An outline of the requirements for the environmental monitoring and audit (EM&A) programme is presented in Section 10.  The EM&A programme is presented in detail in a separate EM&A Manual.  A summary of the environmental impacts associated with the Project are presented in Section 11.  The Implementation Schedule of the recommendations is presented in Section 12.  The key environmental outcomes arising from the EIA study and the principal findings of the study are summarized in Section 13.