8.1
The EIA for the entire development
of Tuen Mun Area 54 conducted under the “Planning and Development Study of Potential Housing Site in Area
54, Tuen Mun” was approved by the EPD under the EIA Ordinance
on 3 September 1999. Subsequent
to the EIA, an additional EIA Review Report was carried
out to review and update the cultural heritage impact assessment (CHIA) in the
approved EIA Report based on the latest layout plan of the development at Tuen Mun Area 54.
8.2
This cultural heritage impact
assessment for the TM54SPS was undertaken by a desk-based review of all
relevant information, including the approved EIA Report and the Additional EIA
Review Report.
Environmental
Legislation and Criteria
8.3
Legislation, Standards, Guidelines and Criteria relevant to the
consideration of Cultural Heritage impacts under this study include the
following:
·
Antiquities and Monuments Ordinance
·
Environmental Impact Assessment Ordinance
·
·
Technical Memorandum on Environmental Impact Assessment
Process.
8.4
The Antiquities and Monuments
Ordinance provides the statutory framework to provide for the preservation of
objects of historical, archaeological and palaeontological interest.
8.5
The Ordinance contains the
statutory procedures for the Declaration of Monuments. The proposed monument
can be any place, building, site or structure, which is considered to be of
public interest by reason of its historical, archaeological or palaeontological
significance.
8.6
Under section 6 and subject to
subsection (4) of the Ordinance, the following acts are prohibited in relation
to certain monuments, except under permit;
·
To excavate, carry on building works, plant or fell trees or
deposit earth or refuse on or in a proposed monument or monument
·
To demolish, remove, obstruct, deface or interfere with a
proposed monument or monument
8.7
The discovery of an Antiquity,
as defined in the Ordinance must be reported to the Antiquities Authority, or a
designated person. The Ordinance also provides that, the ownership of every
relic discovered in
8.8
No archaeological excavation
may be carried out by any person, other than the Authority and the designated
person, without a licence issued by the Authority. A licence will only be
issued if the Authority is satisfied that the applicant has sufficient
scientific training or experience to enable him to carry out the excavation and
search satisfactorily, is able to conduct, or arrange for, a proper scientific
study of any antiquities discovered as a result of the excavation and search
and has sufficient staff and financial support.
8.9
The EIAO was implemented on 1
April 1998. Its purpose is to avoid, minimise and control the adverse impact on
the environment of designated projects, through the application of the EIA
process and the Environmental Permit (EP) system.
8.10
Chapter 10 of the HKPSG details
the principles of conservation, the conservation of natural landscape and
habitats, historic buildings and archaeological sites. It also addresses the
issue of enforcement. The appendices list the legislation and administrative
controls for conservation, other conservation related measures in
8.11
The general criteria and
guidelines for evaluating and assessing impacts to Cultural Heritage are listed
in Annexes 10 and 19 of the Technical Memorandum on Environmental Impact
Assessment Process (EIAO-TM). The guidelines state that preservation in
totality and measures for the integration of sites of cultural heritage into
the proposed project will be a beneficial impact. It also states that
destruction of a site of cultural heritage must only be undertaken as a last
resort.
8.12
The archaeological potential of the area was discovered in 1997 during
the territory-wide survey carried out by a team from
8.13
On the basis of this information the CHIA study in the approved EIA
Report identified that development of Area 54, specifically at Sites 1 and 2
will fall within the above mentioned two areas of archaeological significance.
The first and larger of the two areas of archaeological significance was
centred around Siu Hang Tsuen and was given a boundary area within the CHIA
that ran for 200m from East to West and 60m from North to South. The second was
located near the
8.14
The Hong Kong Institute of Archaeology conducted in 2000 an
archaeological survey and impact assessment around the drainage channels at
Chung Shan and Siu Hang Tsuen, Tuen Mun.
A total of four test pit excavations and no less than 33 auger hole
tests were conducted in close vicinity of the development area. The findings included that rich cultural
remains were established at Siu Hang Tsuen village. Structural remains consisting of floor
levels, postholes and flat and curved tiles potentially dating to the Southern
Song Dynasty but no later than Yuan Dynasty were recorded.
8.15
An Archaeological Watching Brief was undertaken between 28th
of April and 25th of June and on the 2nd and 3rd
of July 2003 at the Kei Lun Wai Archaeological Site. The information of this Watching Brief
is restricted.
8.16
Additionally a site initial
evaluation on the 27th of August 2002 and a site inspection was undertaken
at Siu Han Tsuen according to Antiquities and Monuments Office (AMO) filed
restricted records. The areas
marked on Figure 8.1 show the extent
of the Kei Lun Wai archaeological site boundary.
8.17
The CHIA study in the approved
EIA Report identified a number of historical buildings, ancestral halls, old
wells, graves and temples. The majority of the recorded resources were located
in the historical villages of Siu Hang Tsuen, Tsz Tin Tsuen and Kei Lun Wai. No
historical buildings and structures were identified within the site of the
proposed TM54SPS.
8.18
The Study Area for all
development sites in Tuen Area 54, covering the site of TM54SPS, was also reviewed
in the Additional EIA Review study with respect to the List of Graded
Historical Buildings in Hong Kong as disclosed by the Government of Hong Kong
on 6th January 2007. No
8.19
The proposed TM54SPS is located
in the central part of Site
8.20
As no historical buildings/structures,
8.21
Since the site of the proposed
TM54SPS falls within Kei Lun Wai archaeological sites and potential impact to
archaeological deposits is expected, an archeological survey shall be conducted
prior to commencement of the construction works to ascertain the archaeological
potential. Owing to land access constraint, the archaeological survey cannot be
conducted in this EIA stage., It is recommended that Site
8.22
No mitigation would be
required.
8.23
The
site of the proposed TM54SPS falls within Kei Lun Wai Archaeological
Site. Direct impact on archaeological resources is expected during the construction
of the proposed TM54SPS. An archeological survey shall be conducted prior to commencement of
the construction works to ascertain the archaeological potential. Owing to land
access constraint, the archaeological survey cannot be conducted in this EIA
stage. It is recommended that Site
8.24
No historical building or
structure was identified within the site of the proposed TM54SPS. As such,
impact on built heritage resources due to the proposed TM54SPS is not expected.