1. BACKGROUND

1.1 An application (No. ESB-005/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 26 May 1998 with a project profile (No. PP-005/1998).

1.2 The Applicant proposes to establish a new 132kV infeed to Sai Kung Town in order to cater for the load growth in Sai Kung Town including the supply to the High Islands Pumping Station and to maintain a secure supply to Sai Kung Area. The proposed route commences from Tseung Kwan O, running along the ridges to Pak Kong Village in Sai Kung. The two ends of the route are linked to the existing substations by the underground cables. Besides connecting the overhead pole line to the substations, underground cables are also installed for crossing the Clear Water Bay Road at Pik Uk and the cultivation at Ho Chung. The route length of the proposed overhead pole line and underground cable are about 6.5km and 5km respectively. The locations of the routes are shown on the attached map.

1.3 The proposed project is a Designated Project under the EIAO by virtue of Section Q.1 of Schedule 2 of the Ordinance. The project profile covers one designated project which is the construction and operation of 132kV overhead pole line and underground cable, parts of which lie within the Ma On Shan Country Park and Conservation Areas in Tseng Lan Shue, Ho Chung and Pak Kong.

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 :

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

(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 the proposed project;

(ii) to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, 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 potential impacts to the historical, archaeological and cultural resources within the study area and propose measures to mitigate these impacts.

(vi) to identify any potential landscape and visual impacts and to propose measures to mitigate these 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 project;

(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, assess 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 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; and

(xii) 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 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 EIA Process of the EIAO (hereafter referred to as the TM), are fully complied with.

3.2 The scope of this EIA study shall include one designated project mentioned in section 1.3 above.

3.3 When preparing the EIA report in accordance with the technical requirements below, the Applicant shall fully assess and propose mitigation of all adverse impacts to the affected part of the Ma On Shan Country Park and Conservation Areas in Tseng Lan Shue, Ho Chung and Pak Kong, irrespective of whether they are caused by the parts of the project within or outside the limits of the country park and conservation areas.

3.4 The Applicant shall conduct the EIA study to address all environmental aspects of the activities described in the scope as set out above. They are to include the following technical requirements as specific impacts:

3.5 Ecological Impact

3.5.1 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 should 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 and other ecologically sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with 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.

3.5.2 The assessment shall include the following tasks:

(i) review the findings of relevant studies and collate all the available information regarding the ecological character of the study 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 of which shall be at least 4 months and shall cover the wet season) and investigations to verify the information collected, fill the information gaps identified and fulfil the objectives of the EIA study;

(iv) establish the general ecological profile of the study area 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 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;

(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 the various habitats with special attention to those wildlife groups and habitats with conservation interests including:

(a) woodland;

(b) natural stream courses; and

(c) any other habitats and wildlife groups identified as having special conservation interests by the study.

(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, off-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 Planning, Environment and Lands Bureau Technical Circular No. 1/97 shall be followed; and

(xiii) review the need for and recommend any ecological monitoring programme required.

3.6 Hazard to Health

3.6.1 To investigate the potential health hazard to humans due to exposure to electro-magnetic (EM) fields generated by the overhead line, the Applicant shall carry out an EM fields assessment in compliance with the EM field standards stipulated in Chapter 7 of the Hong Kong Planning Standards and Guidelines and the guidelines issued by the International Commission on Non-ionizing Radiation Protection in 1998.

3.7 Landscape and Visual Impact

3.7.1 Landscape and visual impact assessment shall cover the followings :

(i) a baseline study to provide for 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 to predict their magnitude and potential significance; and

(iv) recommendations on the required mitigation measures and implementation programme.

3.7.2 The Applicant shall appraise and analyse the existing landscape resource and character of the study area. The assessment shall focus particularly on the sensitivity of the landscape framework and its ability to accommodate change. The Applicant shall describe the appearance of the project to include its height, colour, finishes, features, and so forth and shall identify the degree of compatibility of the proposed project with the existing landscape.

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

(i) identification and plotting of visibility contours of the proposed project within the study area;

(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 and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.

3.7.4 The Applicant shall review relevant plans and studies so as to have an insight to the future outlook of the area affected and the means by which the project can fit into the environment. Any conflict with Statutory Town Plans shall be highlighted and appropriate follow-up action shall be recommended.

3.7.5 The Applicant shall recommend mitigation measures to minimize the adverse effects identified in above, including provision of a landscape design. The mitigation measures shall include the retention of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, reprovisioning of amenity areas, design of structures, provision of finishes to structures, and any measures to mitigate the disturbance to the existing land use.

3.7.6 Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate the landscape and visual impacts of the project.

3.7.7 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.

3.8 Water Pollution

All physical, chemical and biological disruptions of fresh water or ground water system(s) arising during the construction and operation of the project shall be identified and analysed in the study.

In the water quality impact assessment, the Applicant 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) characterization of water quality on the surrounding water system(s) and sensitive receivers which might potentially be affected by the proposed project during both construction and operation;

(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) establishment of pertinent water and sediment 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, wetland, change of flow regimes, change of ground water levels, change of catchment types or areas;

(vi) qualitative assessment of potential impacts on the water system(s) and sensitive receivers due to changes identified in (v) above. Possible impacts in particular during construction include changes in sediment erosion and deposition and the effects on the aquatic organism due to such changes. Cumulative impacts due to other projects, activities or pollution sources within a boundary of 300 metres from both sides along the identified water system(s) and sensitive receivers shall also be qualified.

(vii) 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, objectives and criteria established in item (iv) above. Erosion control plan during construction shall be established as per assessments carried out in item (vi). 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.

(viii) evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water and sediment quality objectives, criteria, standards or guidelines.

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.

3.9 Impact on Cultural Heritage

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 study area.

The examination of the study 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 project 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.

The historical, archaeological and cultural heritage impact assessment should 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 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 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.

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.

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 measure with detailed elaboration on scope of work.

a) Heritage resources within the study 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 study area which are of potential historic or cultural importance and not recorded by AMO, the office should be reported as soon as possible. The historic and cultural value of the items will be further assessed by the AMO.

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 close liaison with AMO during the course of the EIA Study.

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.

4. ENVIRONMENTAL MONITORING AND AUDIT (EM&A) REQUIREMENTS

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

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

4.3 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. DURATION OF VALIDITY

5.1 The EIA study brief is valid for a period of 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. REPORT REQUIREMENTS

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) 25 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) and 10 copies of the above documents in CD-ROM 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, any 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.

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