1. BACKGROUND

1.1 An application (No. ESB-035/1999) 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 16 June 1999 with a project profile (No. PP-051/1999) .

1.2 The Applicant proposes to carry out dredging works in order to allow cruisers with a maximum length of approximately 280m access to a proposed cruise pier in North Point. The proposed dredging area is located in Victoria Harbour off North Point as shown in Figure 1 of the Project Profile (No. PP-051/1999). The "designated project" is on the proposed dredging works which will involve removal of more than 500,000m3 of material as well as less than 100m from a seawater intake point. As described in the Project Profile, the proposed pier does not constitute a "designated project" as dredging is not required during the construction and the area-coverage is less than 1 ha. Therefore the EIA study brief will not cover the proposed pier.

1.3 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.

1.4 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 :

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

2. the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and

3. 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:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

2. 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;

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

4. 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;

5. 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;

6. 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 reducing them to acceptable levels;

7. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

8. to identify constraints associated with the mitigation measures recommended in the EIA study;

9. to design and specify the environmental monitoring and audit requirements, if required, 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

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 Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter referred to as the TM), are fully complied with.

3.2 The Scope
The scope of this EIA study covers the proposed project mentioned in section 1.2 above.

3.3 Technical Requirements

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

3.3.1 Noise Impact

3.3.1.1 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.

3.3.1.2 The noise impact assessment shall include the following :

1. Determination of Assessment Area

   The area for the noise impact assessment shall include all areas within 300m from the project boundary. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the project boundary, provides acoustic shielding to those receivers at further distance behind.

2. Provision of Background Information and Existing Noise Levels

   The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.

3. Identification of Noise Sensitive Receivers

   1. The Applicant shall refer to Annex 13 of 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.

   2. 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.

4. Provision of an Emission Inventory of the Noise Sources

   The Applicant shall provide an inventory of all noise sources from the proposed dredging works. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

5. Noise Assessment

   1. The Applicant shall carry out assessment of noise impact from the proposed dredging works 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 paragraphs 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.

   2. If the unmitigated construction noise levels are found exceeding 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 task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

   3. In case the applicant would like to evaluate whether the proposed dredging works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming works schedule, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of construction noise impact assessment for restricted hours, the Noise Control Authority will consider a well-justified Construction Noise Permit (CNP) application, once filed, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations of adjoining land uses and any previous complaints against construction activities at the site before making his decision in granting a CNP. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.

3.3.2 Water Pollution

3.3.2.1 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.

3.3.2.2 The assessment area for the purpose of this water quality impact assessment shall cover the project area(s) as shown in Figure 1 of the Project Profile (No. PP-051/1999), plus any associated water system in the vicinity that may be affected by the project.

3.3.2.3 The Applicant shall identify and analyze in the assessment all physical, chemical and biological disruptions of marine water and/or sediments affecting the marine water system arising from construction and operation of the project.

3.3.2.4 The Applicant shall include the following in the water quality impact assessment :

1. collection and review of background information on the existing water system(s);

2. characterization of water and sediment quality based on existing information or site surveys/tests as appropriate;

3. 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 which would be affected by the project;

4. identification of pertinent water and sediment quality objectives, criteria and standards for the water system(s) and all the sensitive receivers identified in (iii);

5. identification of any alteration of any drainage channels, change of shoreline or bathometry, change of flow regimes, change of catchment types or areas;

6. identification, analysis and quantification of all existing and future water and sediment pollution sources and analysis of the provision and adequacy of future facilities to reduce such pollution. An emission inventory on the quantities and characteristics of all these existing and future pollution sources in the assessment area shall also be provided. Field investigation and laboratory tests, as appropriate, shall be conducted to fill in any relevant information gaps;

7. prediction and quantification, by mathematical modelling or other technique subject to approval of the Director, 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 include possible different construction stages or sequences, and different operation stages;

   Cumulative impacts due to other projects, activities or pollution sources within a boundary around the assessment area, subject to the agreement of the Director shall also be predicted and quantified.

8. identification and quantification of all dredging, fill extraction, filling, reclamation, mud/sediment transportation and disposal activities and requirements. Potential fill source and dumping ground to be involved shall also be identified. Field investigation, sampling and laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The ranges of parameters to be analyzed; the number, type and methods of sampling; sample preservation; laboratory tests; and the laboratory to be used shall be subject to the approval of the Director;

   Prediction, quantification and assessment of impacts on the physical regime, water and sediment quality of the water system(s) and the sensitive receivers due to the activities identified in above. The prediction and quantification of impacts caused by, amongst others, sediment re-suspension and contaminants release shall be carried out with mathematical modelling or other techniques subject to the approval of the Director. Identification and evaluation of the best practicable dredging methods to minimize dredging and dumping requirements based on the criterion that existing marine mud shall be left in place and not be disturbed as far as possible.

   Cumulative impacts due to other dredging, filling or dumping activities within a boundary around the Study Area shall also be predicted and quantified.

9. proposal for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the proposed dredging work so as to reduce the water and sediment quality impacts to within standards. Requirements to be incorporated in the project contract document shall also be proposed; and

10. 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.

3.3.3 Waste Management Implications

3.3.3.1 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.

3.3.3.2 The assessment of waste management implications shall cover the following:

1. Analysis of Activities and Waste Generation

   The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the proposed dredging works, based on the sequence and duration of these activities.

2. Proposal for Waste Management

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

   2. Having been 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.

   3. 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 & odour emission;
      • noise;
      • wastewater discharge; and
      • public transport.

3.3.4 Ecological Impact

3.3.4.1 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.

3.3.4.2 The assessment area for the purpose of this ecological impact assessment shall include all areas within 500 m distance from the proposed dredging area as shown in Figure 1 of the Project Profile (No. PP-051/1999), or the area likely to be impacted by the project as predicted by the modelling exercise.

3.3.4.3 The assessment shall include the following :

1. review the findings of relevant studies and collate all the available information regarding the ecological characters of the assessment area;

2. evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts to the aquatic environment;

3. carry out necessary field surveys and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;

4. establish the general ecological profile and describe the characteristics of each habitat found; major information to be provided shall include :

   1. description of the physical environment;

   2. habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats in the assessment area;

   3. ecological characteristics of each habitat type such as size, 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;

   4. representative colour photos of each habitat type and any important ecological features identified;

   5. species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of habitats or red data books;

5. describe all recognized sites of conservation importance in the proposed dredging area and its vicinity and assess whether these sites will be potentially affected by the proposed dredging works;

6. 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, reduction of ecological carrying capacity and habitat fragmentation;

7. evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;

8. recommend all possible alternatives (such as modifications of dredging area and methods) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified;

9. 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;

10. determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;

11. evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria; and

12. review the need for and recommend any ecological monitoring programme required.

3.3.5 Fisheries Impact

Fisheries Impact Assessment shall follow the criteria and guidelines as specified in Annexes 9 and 17 of the TM respectively. The study area shall include the project site and its adjacent area of potential impact. The study shall review and collate existing information to provide adequate and accurate data for prediction and evaluation of impacts of the proposed project on fisheries. The study shall include the following :

1. description of the physical environmental background;

2. description and quantification as far as possible of the existing fisheries activities;

3. description and quantification as far as possible of the existing fisheries resources;

4. identification of parameters and area that are important to fisheries;

5. identification and quantification as far as possible of any direct/ indirect and on-site/off-site impacts to fisheries;

6. evaluation of impacts and make proposals for any practicable alternatives or mitigation measures to prevent/minimize adverse impacts on fisheries; and

7. review the need and make appropriate recommendation for a fisheries monitoring and audit programme.

3.3.6 Summary of Environmental Outcomes

The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.

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

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A and/or environmental management system (EMS) activities during the construction and operation phases of the project and, if affirmative :

1. to define the scope of the EM&A requirements for the project in the EIA study; and/or

2. to set out the scope of the EMS requirements for the construction and operation of the project to achieve satisfactory environmental performance.

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 as shown in Annex 1) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

5. DURATION OF VALIDITY

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. 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 :

1. 40 copies of the EIA report in English and 60 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.

2. 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.

3. 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.

6.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

6.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.

6.5 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.

6.6 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

6.7 To promote environmentally friendly and efficient dissemination of information, both hard copies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

7.2 If there is any key change in the scope of the project mentioned in section 1.2 of this EIA study brief and in Project Profile (No. PP-051/1999) , 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 the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter 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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