‧ the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0 dB(A).

(vi) Assessment of Side Effects and Constraints

The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of the recommended direct technical remedies. For instance, when decking over of roadways is identified to be necessary, the air quality and the increase in noise levels below the deck and at the portals shall be addressed.

(vii) Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses

(a) In the event that there are 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 noise sensitive uses will be designed for the information of relevant parties.

(b) The Applicant shall take into account the agreed environmental requirements/constraints identified by the study to assess the development potential of the concerned sites which shall be made known to the relevant parties.

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 arising from operational phase of the project only.

3.6.2 The air quality impact assessment shall include the following:

(i) General

(a) presentation of existing and background air quality for the purpose of evaluating the cumulative air quality impacts of the proposed project;

(b) description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants;

(c) identification of representative air sensitive receivers and/or potential affected uses;

(d) identification of emission characteristics and provision of an emission inventory of the air pollution sources;

(e) description of the assessment method (whether it be analytical, numerical or physical) and the associated assumptions, validity of the method and limits of application;

(f) analysis of operational activities, its related air quality impact and characterization;

(g) 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

(h) proposals of effective mitigation measures to reduce the cumulative air pollution impacts to established standards.

(ii) Specific

(a) Operational Air Quality Impact Assessment

(a1) Assess the net and cumulative air pollution impact of the proposed project to receptors by dispersion modelling. The Applicant shall provide detailed methodology statement and key assumptions of the selected model such as emission factors and other input parameters etc. to the Director for comment and consent before commencement of the Study.

(a2) The report shall include the entire output file(s) of the model run(s) in electronic format. These files shall echo all the input data.

(a3) Air pollution Isopleths shall be produced as an output of the study.

(a4) The Applicant shall also assess the air quality implications of any proposed noise mitigation measures. If noise mitigation measures such as noise canopy, which will affect dispersion of air pollutants are proposed to mitigate noise impact due to traffic flow, then the Applicant shall also assess the implications of such mitigation measures on air quality impact. If noise canopy in the form of total enclosure is proposed, then both 'tunnel' portal emissions and air quality inside the 'tunnel' shall also be addressed.

(b) Construction Dust

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 construction to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.

3.7.1 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. The Applicant shall identify all physical, chemical and biological disruptions of fresh water and catchment areas arising only during the construction of the project unless otherwise specified and analysed in the impact assessment. Essentially the assessment shall address the following:

(i) collection and review of background information on the existing water system(s) and physical characteristics such as soil types and erodibility of the respective catchment(s) in particular for areas which might be affected by the proposed project during construction works;

(ii) characterisation of water quality on the surrounding water systems and sensitive receivers which might be potentially affected by the proposed project both during construction and operation;

(iii) identification of any activities such as dredging, filling and excavation which might lead to alteration of water courses, natural streams/ponds, changes of flow regimes, increase in-stream erosion potential and changes of catchment area(s);

(iv) prediction and quantification of impacts on the water system(s) and sensitive receivers due to changes identified in (iii) above. Possible impacts in particular during construction include changes in sediment erosion (both overland and in-stream) and deposition 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. Cumulative impacts due to other projects, activities or pollution sources within a boundary of 300 m from both sides along the identified water system(s) and sensitive receivers, shall be predicted and quantified;

(v) establishment of pertinent water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers;

(vi) assessment and evaluation of any potential water quality impacts on the identified water system(s) and sensitive receivers due to sewerage arising from on-site construction workforce. Any effluent generated will require appropriate treatment and disposal;

(vii) identification, assessment and evaluation of any potential stormwater impacts on the identified water system(s) and sensitive receivers during construction stages as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in item (v) above. Best management practices shall be recommended to reduce any potential impacts arising from stormwater runoff during both construction and operational phases;

(viii) erosion control plan during construction shall be established as per assessments carried out as described in item (iv) above. This erosion control plan shall incorporate details such as locations, sizes and types of best management practices, which will be used to reduce stormwater pollution arising during construction works. These requirements shall be incorporated in the project contract document and formed part of the permit conditions.

3.8.1 The Applicant shall assess the waste management implications arising from the construction of the project in accordance with Annex 7 and 15 of the TM. The assessment of waste management impacts shall cover, but not limited to, the following:

(i) Analysis of Activities and Waste Generation

Identify the quantity, type, quality and timing of the waste arising as a result of the construction, based on the sequence and duration of these activities.

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.

(b) Apart from taking into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to dispose 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 section (c) below. All solid waste, wastewater and sludge, both during construction and operational phases, shall be conveyed by suitable means to be disposed properly outside the water gathering grounds.

(c) the impact caused by handling (including labelling, packaging and storage), collection, and disposal of wastes shall be addressed in detail. This assessment shall cover but not be limited to the following areas:

- potential hazards;

- air and odour emission;

- noise;

- wastewater discharge; and

- public transport.

3.9.1 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 project. It shall be the aim to protect, maintain or rehabilitate the natural environment. In particular, the proposed project shall avoid impacts on recognised sites of conservation importance (e.g. Sites of Special Scientific Interest) and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the construction of the project. The study shall evaluate the environmental acceptability of the project. The relevant guidelines and requirements laid down in Annexes 8 and 16 of the TM shall be followed.

3.9.2 The Applicant shall carry out the following tasks in the assessment :

(i) review of the findings of relevant studies and collate all the available information regarding the ecological characters of the study area;

(ii) evaluation of the information collected and identification of any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;

(iii) carrying out necessary field surveys (the duration shall at least be 4 months and cover the wet season) and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA Study;

(iv) establishment of the general ecological profile and description of 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 study area;

(c) ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, 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, and

(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or red data books including egretries, woodlands and natural stream courses.

(v) investigation and description of the existing wildlife uses of various habitats with special attention to those with conservation interests,

(vi) description of 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 project or not;

(vii) using suitable methodology, identifies and quantifies 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) evaluation of the significance and acceptability of the ecological impacts identified using well-defined criteria;

(ix) recommendation of 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) evaluation of 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) determination and quantification as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;

(xii) evaluation of 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.

3.10.1 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 Technical Memorandum, respectively. Landscape and visual impact assessment shall cover the following:

(i) a baseline study to provide a comprehensive and accurate description of the baseline landscape and visual character;

(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.

3.10.2 Assessment of Landscape Impacts

3.10.2.1 The Applicant shall assess the impact of the proposed project on the landscape aspect during construction and operational phases. The Applicant shall appraise and analyse the existing landscape resource and character of the Study Area. It shall focus particularly on the sensitivity of the landscape framework such as green belt, open space etc and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape.

3.10.3 Assessment of Visual Impacts

3.10.3.1 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:

(i) identification and plotting of visibility contours and visual envelope of the proposed project. The Study Area visual impact assessment shall be defined by the visual envelope 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;

(iii) description of the visual compatibility of the project with the surrounding, and its obstruction and interference with key views of the adjacent areas; and

(iv) the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.

3.10.4 Review of Planning and Development Control Framework

3.10.4.1 The Applicant shall review relevant plans and studies which may contain such information as areas of high landscape value, open space network etc. Such review will give an insight to the future outlook of the area affected and ways the project can be assimilated into the environment. Any conflict with the statutory town plan shall be highlighted and appropriate follow up action shall be recommended.

3.10.5 Proposals for Mitigation Measures

3.10.5.1 The Applicant shall recommend mitigation measures to minimise the adverse effects identified in 3.10.2 and 3.10.3 above, including the provision of a landscape design. The mitigation measures shall include the preservation of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, compensatory planting, reprovisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, colour scheme and texture of materials used and any measures to mitigate the disturbance to the existing landuse. The Applicant shall also take advice from the Advisory Committee on the Appearance of Bridges and its Associated Structures (ACABAS) before finalisation of the mitigation measures. Parties shall be identified for the on-going management and maintenance of 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 presented.

3.10.6 Presentation Materials

3.10.6.1 Perspective drawings, plans and section/elevation diagrams, photographs of scaled physical models, oblique aerial photographs photo-retouching and computer generated photomontages shall be adopted to illustrate the landscape and visual impacts of the project.

3.11.1 The historical, archaeological and cultural heritage impact study shall take into account the importance of cultural heritage within the study area in Hong Kong and address the potential impacts to the historical, archaeological and cultural resources within the study area.

3.11.2 The examination of the study area shall also allow a more general appraisal of archaeology, architectural history and historic landscapes of the areas that the development will take place. The project shall be modified and, if necessary, supplemented to accommodate off-site areas of spoil disposal, construction site and traffic routes which can affect archaeological, historic and cultural resources as these are identified during the evolution of the engineering design.

3.11.3 The historical, archaeological and cultural heritage impact assessment shall focus on:

(i) Investigation of archaeological potential of the study area by :

(a) developing a field evaluation programme to identify areas to be investigated;

(b) producing field evaluation protocols to determine the sampling technique, the sample rationale to be applied and the site record forms to be used, the evaluation protocols shall be compatible with the data capture requirements of the Antiquities and Monuments Office (AMO);

(c) undertaking field evaluations.

(ii) Identification of historical buildings and structures which will be affected by the remaining development within the study area including :

(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 workshop, 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 with detailed elaboration on scope of work including :

(a) heritage resources within the study area shall 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 study area which are of potential historic or cultural importance and not recorded by AMO, the office shall be reported as soon as possible. The historic and cultural value of the items will be further assessed by the AMO; 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, shall be established in close liaison with AMO during the course of the EIA Study.

3.11.4 The Applicant shall follow the criteria and guidelines for evaluating and assessing impacts on cultural heritage as stated in Annexes 10 and 19 of the TM respectively.

4.1.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operational phases of the project and, if affirmative, to define the scope of the EM&A requirements for the project in the EIA study.

4.1.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

4.1.3 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.

5.1 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.

6.1 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.

6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :

(i) 40 copies of the EIA report in English and 40 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.

(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) 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.