Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-003/1998
Project Title : Planning and Development Study of Potential Housing Site
near Area 1, Tuen Mun
The name of Applicant : New Territory West Development Office,
Territory Development Department
1. BACKGROUND
1.2 The Applicant proposes to conduct a study of a potential housing site (the Study) in Tuen Mun. The "Study Area" is about 50 hectares to the south of San Wai Court, Area 1, Tuen Mun, as shown in Drawing No. NTWCE/1291 of Project Profile No. PP003/1998. The Study is to establish a scheme for developing the study area for public and/or private housing purposes for a population of about 50,000 people. The developments within the study area will involve site formation works, construction of building substructure and superstructure, roads and drains, and landscape areas. The Study Area is shown in the attached drawing.
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:
(ii) the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and
(iii) 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:
(i) to describe the proposed project and associated works together with the requirements for carrying out proposed developments arising from the Study
(ii) 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;
(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(iv) to identify and quantify any potential losses or damage to flora, fauna and natural habitats;
(v) to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;
(vi) to identify any potential landscape and visual impacts and to propose measures to mitigate impacts;
(vii) to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the developments arisng from the Study;
(viii) 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;
(ix) 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;
(x) to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
(xi) to identify constraints associated with the mitigation measures recommended in the study;
(xii) 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
(xiii) 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 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 Drawing No. NTWCE/1291 of Project Profile Ref. No. PP003/1998.
3.6.3 The air quality assessment shall include the followings:
(i) 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;
(ii) description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants;
(iii) identification of representative existing, committed and planned air sensitive receivers and/or potential affected existing, committed and planned uses;
(iv) 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 "industrial" zones (based on Tuen Mun Outline Zoning Plan No. S/TM/10) to the west of Ming Kum Road, and other air pollution sources identified in the course of this EIA study;
(v) description of the assessment method (whether it be analytical, numerical or physical) and the associated assumptions, validity of the method and limits of application;
(vi) characterization, assessment and evaluation of the net and cumulative air quality impacts during the operational phase of the developments;
(vii) 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
(viii) 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 follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.
3.7.2 The noise assessment shall include the following:
(i) Determination of Study Area:
The "Assessment Area" for noise impact shall include all areas within 300m from the "Study Area" as shown in Drawing No. NTWCE/1291 of Project Profile Ref. No. PP003/1998. 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.
(ii) 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.
(iii) Identification of Noise Sensitive Receivers
(a) The Applicant shall refer to Annex 13 in the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.
(b) 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.
(iv) Provision of an Emission Inventory of the Noise Sources
An inventory of noise sources (e.g. construction equipment for construction noise assessment; port equipment etc., as appropriate, for operational noise assessment) shall be provided in the EIA report. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
(v) Construction Noise Assessment
a) 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.
b) To minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
c) If the unmitigated construction noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks) to minimise 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.
Rail Noise
a) The Applicant shall assess the impacts of the operation of the light rail transit (LRT) system 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.
b) The Applicant shall present the noise levels in Leq (30 min) and Lmax (2300-0700 hours) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
c) A quantitative assessment at the NSRs for the rail noise shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
d) 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.
Fixed Noise Sources
e) 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 utilisation 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.
f) 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.
g) 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.
h) 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
i) The Applicant shall analyse 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.
j) 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.
k) 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.
l) 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.
m) 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.
n) 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:
(na) 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 direct technical remedies 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. 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.
(nb) 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.
(nc) 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:
nc1) 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));
nc2) 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
nc3) the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0 dB(A).
(viii) Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
a) 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.
b) 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
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.
3.8.2 The "Assessment Area" for the purpose of this water quality impact assessment shall cover the "Study Area' as shown in Drawing No. NTWCE/1291 of the Project Profile No. PP003/1998, 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 analysed.
3.8.4 In the water quality impact assessment, the Applicant shall include the following:
(i) collection and review of background information on the existing water system(s) and the respective catchment(s);
(ii) characterization of water quality based on existing information or site surveys/tests as appropriate;
(iii) 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;
(iv) identification of pertinent water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers;
(v) 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;
(vi) 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.
(vii) 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. 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;
(viii) 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;
(ix) proposal for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the construction and operation stages so as to reduce the water and sediment quality impacts to within standards;
(x) best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate; and
(xi) 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 Waste Management Implications
3.9.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.
3.9.2 The assessment of waste management implications shall cover the following :
(i) Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.
b) Having taken into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment in (c) below.
c) The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge; and
- public transport.
3.10 Ecological Impact
3.10.1 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.
3.10.2 The "Assessment Area" for the purpose of this ecological assessment shall include all areas within 500m distance from the "Study Area' as shown in Drawing No. NTWCE/1291 of the Project Profile No. PP003/1998 or the area likely to be impacted by the proposed developments.
3.10.3 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 recognised 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.
3.10.4 The assessment shall include the following major tasks :
(i) review the findings of relevant studies and collate all the available information regarding the ecological characters of the Assessment Area;
(ii) evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;
(iii) 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;
(iv) establish the general ecological profile and describe the characteristics of each habitat found; major information to be provided shall include :
a) description of the physical environment;
b) habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats in the Assessment Area;
c) ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, seasonal patterns, inter-dependence of the habitats and species, and presence of any features of ecological importance;
d) representative colour photos of each habitat type and any important ecological features identified;
e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or red data books;
(v) investigate and describe the existing wildlife uses of various habitats with special attention to those wildlife groups and habitats with conservation interests; including:
a) woodlands; and
b) natural stream courses.
(vi) 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;
(vii) 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;
(viii) evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;
(ix) 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;
(x) 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;
(xi) determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;
(xii) 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
(xiii) review the need for and recommend any ecological monitoring programme required.
3.11 Impact on Cultural Heritage
3.11.1 Archaelogical evidences reveal that Tuen Mun was inhabited by ancient settlers for a long time. The Antiquities and Monuments Office of the Home Affairs Bureau (AMO) has just completed an archaeological survey in Tuen Mun. The preliminary result of the survey reveals that several archaeological sites are in the vicinity of the subject site of the EIA study. Kei Lun Wai, Siu Hang Tsuen, Po Tong Ha, Tuen Tsz Wai and San Hing Tsuen located at the north of the subject site have been identified of archaeological interests, in which relics dated to the Tang and Song Dynasties have been found. Shek Kok Tsui located at the south of the subject site is also a Neolithic archaeological site. An ancestral grave located at the subject site is of historical interest. The presence of the ancestral grave may have implications on the existence of other archaeological and historical items.
3.11.2 The Applicant shall follow the criteria and guidelines for evaluating and assessing impact on cultural heritage as stated in Annexes 10 and 19 of the TM, respectively.
3.11.3 The "Assessment Area" for the impact on cultural impact shall be defined as the "Study Area" as shown in Drawing No. NTWCE/1291 of the Project Profile No. PP003/1998.
3.11.4 The historical, archaeological and cultural heritage impact study should take into account the importance of cultural heritage in Hong Kong and address the potential impacts to the historical, archaeological and cultural resources within the Assessment Area.
3.11.5 The examination of the Assessment Area should also allow a more general appraisal of archaeology, architectural history and historic landscapes of the areas that the development will take place. The developments should be modified and, if necessary, supplemented to accommodate off-site areas of spoil disposal, construction sites and traffic routes which could affect archaeological, historic and cultural resources as these are identified during the evolution of the engineering design.
3.11.6 The historical, archaeological and cultural heritage impact assessment should focus on:
(i) Investigation of archaeological potential of the Assessment Area by:
a) developing a field evaluation programme to identify areas to be investigated. The Applicant must consult the Antiquities and Monuments Office (AMO) on the scope of the field evaluation programme prior to the commencement of the assessment;
b) producing field evaluation protocols to determine the sampling technique, the sample rational to be applied and the site record forms to be used, the evaluation protocols should be compatible with the data capture requirements of the AMO; and
c) undertaking field evaluations.
(ii) Identification of historical buildings and structures which will be affected by the remaining development within the Assessment Area.:
a) historic buildings and structures include a variety of forms with a wide range of different functions like domestic, working and cultural uses; places of worship, houses, agricultural buildings, boundary and milestones, industrial buildings and workshops; and
b) landscape features include sites of historical events, historic field patterns, tracks and fish ponds and cultural elements such as fung shui woodlands and clan grave sites.
(iii) Evaluation of impacts on cultural heritage and proposals for any mitigation measures.
a) heritage resources within the Assessment Area should 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;
b) if the Applicant identifies any additional buildings and structures within the Assessment Area which are of potential historic or cultural importance and not recorded by the AMO, the applicant shall notify the AMO. and shall consult the AMO on the historic and cultural value of the items; and
c) the criteria to be adopted to assess the level of direct and indirect impacts to the heritage resources and to develop appropriate mitigation measures, should be established in consultation with the AMO during the course of the EIA study.
3.12 Landscape and Visual Impact
3.12.1 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.
3.12.2 The landscape and visual impact assessment shall include the following:
(ii) a review of the relevant planning and development control framework;
(iii) impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and
(iv) recommendations on mitigation measures and implementation programme.
3.12.3 The Applicant shall appraise and analyse 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". It should focus particular on the sensitivity of the landscape framework and its ability to accomodate change. The Applicant shall identify the degree of compatibility of the proposed projects with the existing landscape.
3.12.4 The Applicant shall assess the visual impacts of the proposed developments. The assessment shall include the following:
(i) 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 envelop of the proposed project);
(ii) 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
(iii) 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.
3.12.5 The Applicant shall review relevant plans and studies which may contain guidelines and urban design concept, building height profile, designated view corridors, specific elements such as areas of high visual value and special design areas and open space network 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.
3.12.6 The Applicant shall recommend mitigation measures to minimize the adverse effects identified in Sections 3.7.2 and 3.7.3 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 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 fo 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.
3.12.7 Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, photo-retouching and computer-generated photo-montages shall be adopted to illustrate the landscape and visual impacts of a project.
3.13 Impact from Electric and Magnetic Fields
3.13.2 The western part of the "Study Area" may be located within the 50-metre working corridor of two 400kW overhead electricity lines. The Applicant shall show that the proposed housing site boundary is outside the 50-metre working corridor of the 400kW overhead lines.
4. REQUIREMENTS FOR IDENTIFICATION OF PROJECTS FALLING UNDER SCHEDULE 2 OF THE ORDINANCE
4.1 The Applicant shall identify clearly in the EIA report all items within the "Study Area" that are classified as Designated Projects under Schedule 2 (Schedule 2 DP) of the EIAO. For those Schedule 2 Dps for which the environmental impacts have been adequately addressed in this EIA study in accordance with the TM requirements, separate schedules of mitigation measures shall be provided in this EIA report. Any Schedule 2 DPs that require further detailed EIA studies to assess outstanding environmental issues shall be clearly identified 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
5.2 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 :
(ii) 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.
(iii) 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;
(iii) 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.
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. PP003/1998, 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.
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