1. BACKGROUND

1.1 The proposed Sheung Shui to Lok Ma Chau Spurline (the project) is to extend the Kowloon Canton Railway East Rail network from Shueng Shui to a new railway station and associated cross-boundary facilities at Lok Ma Chau. The trains to be operated on the project are electrically powered. The project is a Designated Project under Schedule 2 of the Environmental Impact Assessment Ordinance (EIAO), and requires an environmental permit under the EIAO for its construction and operation.

1.2 On 10 February 1999, the Director of Environmental Protection (the Director) issued to the Applicant an EIA study brief (ESB-026/1999) under the EIAO to carry out an EIA study on the project.

1.3 On 27 April 2000, the Applicant submitted an EIA report on the project to the Director for approval of the report and granting of an environmental permit for the construction and operation of the project. A revised EIA report was exhibited for public inspection in June 2000. On 16 October 2000, the Director decided not to approve the EIA report and not to issue an Environment Permit for the project. The reasons for rejection have been deposited in the EIAO Register.

1.4 On 10 November 2000, the Applicant lodged an appeal to the Appeal Board against the Director's decision (1) not to approve the EIA report; and (2) not to issue an Environment Permit for the project. The Appeal Board handed down its judgement on 30 July 2001 and dismissed the two appeals by KCRC.

1.5 Subsequent to the Appeal Board's determination, an application (No. ESB-085/2001) for an EIA study brief under section 5(1) of the EIAO was submitted by the Applicant on 19 September 2001 with a project profile (No. PP-144/2001) containing a revised scheme and construction method on the project. The key change to the project is the railway alignment which will now travel through Long Valley, Kwu Tung and Chau Tau in an underground tunnel instead of on viaducts before it climbs to viaducts alongside and terminates at Lok Ma Chau.

1.6 Pursuant to section 5(7)(a) of the EIAO, the Director issues this EIA study brief to the Applicant to carry out an EIA study on the revised scheme of the project.

1.7 In setting out the scope of the issues to be addressed in this EIA study, the Director has given due regard to his decisions on rejecting the previous EIA report of the project, the Appeal Board's determination, relevant materials presented in evidence to the Appeal Board, the comments from the Advisory Council on the Environment and the comments received from the public during the public exhibition of the current project profile. The purpose of this study brief is to scope the key issues of this EIA study and to specify the environmental issues that are required to be reviewed, updated and assessed in the EIA report.

1.8 The purpose of this EIA report is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the 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) identify any potential impacts from point and non-point pollution sources on the identified water systems and sensitive receivers during the construction and operation stages;

(v) to identify and quantify any potential losses and damage to flora, fauna and wildlife habitats;

(vi) to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;

(vii) to identify any potential landscape and visual impacts;

(viii) 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;

(ix) 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;

(x) 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;

(xi) to investigate the extent of secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification;

(xiii) 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; and

(xiv) to present the considerations and rationale in selecting and adopting the preferred option of the project.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

The Scope

3.1 This EIA study shall cover all areas within the proposed scheme boundary as shown in Figure 1 attached to this study brief. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study:

(i) the potential hydrological changes and the associated implications for the ecology along the tunnel section during both construction and operational stages;

(ii) the monitoring of ground water levels and the contingency plan to maintain the ground water levels;

(iii) the potential risks of ground surface settlement or heaving along the tunnel section and the consequential impacts on the ecology;

(iv) a review of the previous ecological assessments for any necessary updates in the light of emerging issues subsequent to the rejection of the previous EIA report. This shall include the new and additional records of Black-faced Spoonbill and any other newly discovered wildlife groups having special conservation interest at the fishponds in Lok Ma Chau;

(v) the mitigation measures proposed to compensate for the temporary and permanent loss of fishponds during both the construction and operational stages at Lok Ma Chau shall be considered in the light of best available information. In particular the benchmark functional value of the Lok Ma Chau fishponds shall be compared with the potential functional value of the compensation areas after enhancement to demonstrate that the same kind of ecological function and capacity can be achieved through the measures to compensate for the ecological impacts;

(vi) the details of the design and implementation of the compensation areas at Lok Ma Chau including the fishponds for early enhancement before or during the construction stage;

(vii) the potential fisheries impacts arising from the construction and operation of the project;

(viii) the potential dust impacts associated with the construction of the cut and cover tunnels and the launching, extraction and emergency access shafts;

(ix) the potential construction and operational noise impacts including both air-borne noise and ground-borne noise to the sensitive receivers along the revised railway scheme and the noise generated from the ventilation buildings;

(x) the potential water quality impacts of the site run-off during the construction and operational stages of the entire project and the sewage treatment and disposal at Lok Ma Chau Station during the operational stage;

(xi) the potential impacts associated with waste generation during the construction of the project, in particular the spoil arising from the construction of the tunnel section, and the proposed disposal arrangements;

(xii) the potential land contamination impacts arising from the construction of the project;

(xiii) the potential impacts on cultural heritage arising from the construction of the project;

(xiv) the landscape and visual impacts of the proposed viaducts alongside Lok Ma Chau, the station at Lok Ma Chau and any other above ground structures of the project;

(xv) the details of the construction programme, the construction methodologies and an assessment of extent to which the technologies to be employed are proven technologies; and

(xvi) the environmental impacts of the project including its alignment and ancillary infrastructures on the planned uses in Kwu Tung New Development Area. The likely environmental benefits of the tunnel option for the planned development, as compared to the viaduct option, shall also be stated in the EIA report.

Presentation of the Summary of Considerations Given to the Alternative Alignment Options and Alternative Construction Methods

3.2 The Applicant shall make reference to the previous June 2000 EIA report and subsequent studies after the rejection of the previous EIA report, and present in this EIA report the following:-

(i) a summary of considerations given to any reasonable and practicable alternatives to the project, including considerations of such factors as environmental impacts, engineering, time, costs etc.;

(ii) a presentation of considerations and justifications regarding how the proposed scheme is arrived at, including the descriptions of the environmental factors played in the selection. There shall be explanations given in the EIA report on why the Northern Link is not regarded as a practical and reasonable alternative to the preferred option; and

(iii) a presentation of the rationale in selecting certain construction methods and any alternative methods that have been considered and how the preferred methods avoid the adverse environmental effects to the maximum practicable extent, in particular, if avoidance and minimizing of impacts have been given priority consideration.

Technical Requirements

3.3 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.

Construction Methodologies and Programme

3.4 The Applicant shall include in the EIA report details of the construction programme and methodologies, and assess to what extent the technologies to be employed are proven technologies.

3.5 Ecological Impact (Both Aquatic and Terrestrial)

3.5.1 The Applicant shall make reference to the previous studies, present all relevant information from the previous studies and incorporate any new and additional information to address the ecological impacts arising from the construction and operation of the revised scheme of the project. 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.

3.5.2 The EIA report shall provide the following information:-

(i) an update of the existing ecological conditions of the study area, i.e. the areas likely to be affected by the project, by reviewing the findings of relevant studies and collating all the available information regarding the ecological characters of the study area. The study area shall include the Wetland Conservation Area at Lok Ma Chau and fishponds at and around the proposed Lok Ma Chau Station, the wetland in Long Valley in vicinity of Shek Sheung River and Beas River, habitats in Chau Tau Grenade Range, active wet/dry agricultural land, and 500m from either side and along the full stretch of the project boundary;

(ii) an evaluation on the information collected and to identify any information gap due to change in circumstances relating to elaboration on the potential ecological impacts to the terrestrial and aquatic environment;

(iii) an update of the findings of field surveys in the light of the new and additional field records collected and presented to the Appeal Board in evidence and any additional surveys to be carried out where necessary. This should include the additional information on the presence of reptiles, amphibians and mammals and any records of Black-faced Spoonbill at the fishponds in Lok Ma Chau;

(iv) a review and update of the general ecological profile of the study area, based on data of previous studies and results of additional field surveys, and taking into consideration the variations across wet and dry seasons; 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, 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; 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;

(v) description of the existing wildlife uses of various habitats in the light of new and additional information with special attention to those wildlife groups and habitats with conservation interests including:

(a) fishponds;

(b) freshwater marshes;

(c) agricultural land;

(d) reed beds, scrub and woodland;

(e) amphibians and reptiles;

(f) mammals including Otter, Lutra lutra;

(g) avifauna including waterbirds especially Black-faced Spoonbill Platalea minor, Greater Painted Snipe Rostratula benghalensis, Eagle Owl Bubo Bubo and Savanna Nightjar Caprimulgus Affinis; and

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

(vi) a review and update of all recognized sites of conservation importance in the proposed development site and its vicinity and identify whether these sites will be affected by the proposed development or not;

(vii) the Applicant shall use suitable methodology and information from relevant previous studies, 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 and breeding grounds, reduction of ecological carrying capacity, habitat fragmentation and in particular the following:-

The Tunnel Section

(a) the potential hydrological disruptions such as potential draw down of water table of wetland and any potential consequential impacts on the ecology; and

(b) the potential risks of ground surface settlement or heaving along the tunnel section and the potential impacts on the ecology;

The Lok Ma Chau Area

(c) the ecological impacts to the Black-faced Spoonbill Platalea minor, in particular the loss of their feeding habitats;

(d) the ecological impacts from the temporary and permanent loss of habitats during the construction and operation of the project which includes the station, viaduct section and haul roads, in particular, the loss of fishponds within Wetland Conservation Area at Lok Ma Chau and the habitat degradation and alteration of the fishponds by contamination and microhabitat change resulted from the construction of the project;

(e) the impacts to the committed ecological mitigation areas including the mitigation fishponds habitats committed for the Shenzhen River Regulation Project Stage II and the wetland habitats to be created under the Eastern Main Drainage Channel for San Tin and the Lok Ma Chau Boundary Crossing Expansion; and

(f) the impact on Deep Bay mudflat ecology as a result of any anticipated increase in suspended solids and change of sedimentation during the construction and operation of the proposed project;

Long Valley

(g) the potential hydrological problems caused by the tunnel boring operation and portals construction if any and the potential impacts on the underground hydrology of Long Valley. In addition, the study shall assess the secondary impacts of air, water and noise pollution that may be caused by tunnel boring during construction stage which may affect the physical features of Long Valley wetlands and recommend the necessary mitigation measures for protecting the ecology of Long Valley;

The Entire Study Area

(h) the ecological impacts include impacts on amphibians, reptiles, birds and mammals due to disturbance during the construction and operational stages of the project such as increase in noise, vibration, dust, effluent discharges or other deterioration of environmental quality and any protection measures for the disturbance such as construction and operational noise and vibration caused to animals; and

(i) the cumulative impacts of the project and other existing, committed and proposed developments in accordance with section 4.3.3 of the TM . These "existing, committed and proposed developments" shall include the following, based on the best available information at the time of the assessment:

1. drainage projects (e.g. San Tin Western Main drainage Channels; Shenzhen River Regulation Project etc.); and

2. any developments induced by the introduction of a major infrastructure to the area (e.g. the proposed Development Plan for Kwu Tung New Development Area).

The Applicant shall explain in the EIA report and evaluate whether any of the above developments might have a bearing on the environmental acceptability of the project. In particular, the study shall show clearly whether the Lok Ma Chau station and its associated alignment and road works would encroach upon the mitigation wetlands for the Shenzhen River Regulation Project. In the event of encroachment, the EIA report shall demonstrate that the same kind of ecological function and capacity can be achieved through the measures to compensate for the ecological impacts;

(viii) an evaluation on the significance and acceptability of the ecological impacts identified using criteria defined in the TM or otherwise approved by the Director.

Ecological Mitigation Measures

(ix) a description of the proposed mitigation measures to compensate for the temporary and permanent loss of fishponds at Lok Ma Chau during both the construction and operational stages in view of the revised railway scheme and availability of new information. All practicable mitigation measures shall be proposed with a view to avoiding, minimising and/or compensating the potential environmental impacts identified, such as:

(a) early provision of compensation area or early enhancement of existing wetland to mitigate for construction impacts;

(b) reinstatement of habitats temporarily affected by the proposed development to its original state and if possible with some enhancement features; and

(c) compensation of wetland habitat. If compensation is provided through enhancement of existing wetland instead of compensation on a "like-for-like" basis in terms of area, the benchmark functional value of the existing wetland including those which would be directly lost to reclamation and those impacted by the construction and operation of the proposed railway and station and the potential value of the compensation area after enhancement should be assessed using relevant information and data including the most updated record data of the globally endangered Black-faced Spoonbills at or near the fishponds planned for the Lok Ma Chau Station to demonstrate that the same kind of ecological function and capacity can be achieved through the proposed mitigation measures to compensate for the ecological impacts.

Should early enhancement of fishponds be recommended, the effectiveness of the proposed mitigation measures shall be evaluated and the significance of any residual impacts after the implementation shall be clearly stated. In this regard, the total footprint of the Lok Ma Chau station including the future expansion area shall be stated and the total and cumulative impacts arising from the total footprint area taken by the station and the associated road works in Lok Ma Chau area shall be assessed;

(x) an evaluation on the feasibility and effectiveness of the recommended mitigation measures and a description of the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures. In particular, if the recommended mitigation measures involve the establishment of the ecological mitigation areas for compensation of wetland habitat loss due to the project, the details of the design and implementation of the compensation area including maintenance and management requirements, the definition of objectives, acceptance criteria, long term management plan and the contingency plan shall be provided. Also, the likely effectiveness of the "enhanced management" and the magnitude and significance of the residual impacts shall be assessed. This shall require formulation and evaluation of clear and quantifiable objectives and details of the long-term management of the mitigation wetland.

(xi) a review and update of the residual ecological impacts after implementation of the proposed mitigation measures;

(xii) a review and update of the severity and acceptability of the residual ecological impacts using criteria defined in the TM or otherwise approved by the Director; and

(xiii) a review and update of the ecological monitoring and audit programme required.

3.6 Fisheries Impact

3.6.1 The Applicant shall also make reference to the previous EIA study and present and incorporate all relevant information into the EIA report for the purpose of reviewing and updating the fisheries impacts arising from the construction and operation of the revised railway scheme of the project. The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM, respectively.

3.6.2 The EIA report shall provide the following information:-

(i) description of the physical environmental background;

(ii) description and quantification of existing pond aquaculture activities;

(iii) description and quantification of existing fisheries resources (e.g. major fisheries products and stocks);

(iv) identification of parameters (e.g. water quality parameters) and areas that will be affected;

(v) identification and quantification any direct/indirect impacts to fisheries (e.g. permanent resumption and temporary occupation of fish ponds);

(vi) evaluation of impacts and make proposals for effective mitigation measures with details on justification, description of scope and programme, feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the proposals; and

(vii) review of the need for monitoring and, if necessary, propose a monitoring and audit programme.

3.7 Air Quality Impact

3.7.1 The Applicant shall recommend in the EIA report an audit and monitoring programme during construction to ensure construction dust impacts within 500m of the project boundary are controlled to within the relevant standards as stipulated in Annex 4 of the TM.

3.8 Noise Impact

3.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing both the construction and operational noise impacts arising from the project as stated in Annexes 5 and 13 of the TM, respectively.

3.8.2 The Applicant shall also make reference to the previous EIA study and present and incorporate all relevant information into the EIA report for the purpose of reviewing and updating the noise impacts arising from the construction and operation of the revised railway scheme of the project.

3.8.3 The EIA report shall cover the following :-

(i) the air-borne construction noise impacts arising from:-

(a) the relocation of the existing East Rail tracks at north of Sheung Shui Station;

(b) the construction of the tunnel section between Sheung Shui and Lok Ma Chau;

(c) the provision of all haul roads;

(d) the construction of the viaducts section from Chau Tau to Lok Ma Chau Station; and

(e) any other associated activities which will have impacts to the sensitive receivers along the revised railway scheme;

(ii) the ground-borne noise impacts arising from the construction of the tunnel;

(iii) the railway noise impacts to the sensitive receivers arising from the operation of the railway, including the ground-borne noise from the tunnel section and the cumulative effects of the proposed railway and the existing East Rail at north of Sheung Shui Station;

(iv) the fixed source noise impact due to the operation of the ventilation buildings;

(v) the traffic noise impacts to the sensitive receivers due to the operation of the Emergency Vehicle Access to the Lok Ma Chau Station and the upgrading of the Lok Ma Chau Road; and

(vi) the cumulative impacts due to the construction and operation of the project, especially the future operational noise impact at Sheung Shui due to the existing East Rail and the proposed project.

3.8.4 The study area for the noise impact assessment shall include all areas within 300m from the project boundary. For the purpose of assessing the noise impact, the Applicant shall review and update all the NSRs within the study area as identified in the previous EIA studies and shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans and other published plans in relation to the Planning and Development Study on North East New Territories, including any land use and development proposals approved by Town Planning Board. For planned noise sensitive land uses without committed layouts, the Applicant shall base on the relevant planning parameters to work out site layouts for operational noise assessment purpose. The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment for both construction and operational noise impacts. 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.

3.8.5 The Applicant shall assess the operational noise of the ventilation buildings following the criteria and guidelines stated in Annexed 5 and 13 of the TM respectively and making reference to similar methodologies adopted in the previous EIA study.

3.8.6 For the assessment of traffic noise relating to the emergency vehicle access and the upgrading of Lok Ma Chau Road described above, the Applicant shall provide the following:-

(i) Calculation of Noise Levels:- The Applicant shall analyse the scope of the emergency access road and Lok Ma Chau Road. 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).

(ii) Presentation of Noise Levels:- A quantitative assessment at the NSRs for the proposed emergency access road and the upgrading of Lok Ma Chau Road shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

(iii) Proposals for Noise Mitigation Measures:- 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 from the emergency access road and the upgrading of Lok Ma Chau Road 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 element that will be benefited by the provision of direct technical remedies should be provided;

3.9 Water Quality Impact

3.9.1 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.

3.9.2 The Applicant shall also make reference to the previous EIA study and present and incorporate all relevant information into the EIA report for the purpose of reviewing and updating the water quality impacts arising from the construction and operation of the revised railway scheme of the project.

3.9.3 The EIA report shall cover the following:-

(i) the water quality impacts of the site run-off during the construction stage, including the effluents generated from dewatering associated with piling activities, grouting, concrete washing, dewatering of spoil from the tunnel boring operations and the draining and filling of fishponds;

(ii) the water quality impacts of the runoff from tracks containing oil/grease and suspended solids during the operational stage;

(iii) the details including designs, locations, implementation schedules and performance monitoring and audit schemes of all planned mitigation measures to mitigate and offset the water quality impacts identified in 3.9.3 (i) and (ii) above;

(iv) the water quality impacts on the identified water systems and sensitive receivers due to sewage derived from the construction and operational stages of the project including the cumulative impacts to the water quality in Inner Deep Bay. In accordance with the "zero discharge policy" for Deep Bay, all effluent generated shall require appropriate treatment and disposal to achieve the requirements of no net increase in pollution load to Deep Bay, especially at the proposed Lok Ma Chau Station which is within the Wetland Conservation Area and Wetland Buffer Area; details including design, locations, implementation and management schedules and performance monitoring and audit schemes of all planned mitigation measures to achieve the requirements of no net increase in pollution load;

(v) the physical, chemical and biological disruptions to the fresh water or ground water systems(s), stream courses, fishpond water systems, catachment areas(s), stormwater systems and coastal water due to the construction and operation of the project. In particular, the study shall assess the extent of impact from the project to the existing drainage regime in the Long Valley, Kwu Tong, Chau Tau and Lok Ma Chau areas;

(vi) the potential risks of the ground surface settlement or heaving especially in the wetland areas along the tunnel section and the need for compensation grouting and its associated impacts to the water system(s);

(vii) the establishment of the monitoring of ground water levels and a contingency plan in case of any draw-down of water table during construction and operation of the tunnel section in particular at Long Valley. The Applicant shall propose a programme to monitor ground settlement; and

(viii) a review and update of water quality monitoring and audit programme for the construction and operation of the revised railway scheme of the project.

3.9.4 The study area shall be within 300m from either side and along the full stretch of the project boundary. This study area could be extended to include other areas such as stream courses and the associated water system in the vicinity being impacted during the course of the EIA study if found justifiable.

3.10 Waste Management Implications

3.10.1 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.

3.10.2 The Applicant shall also make reference to the previous EIA study and present and incorporate all relevant information into the EIA report for the purpose of reviewing and updating the waste management implications arising from the construction and operation of the revised railway scheme of the project.

3.10.3 The EIA report shall cover the following :-

(i) 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;

(ii) the consideration of the opportunities for reducing waste generation and on-site or off-site re-use prior to considering the disposal options for various types of wastes. Measures which can be taken in the planning and design stages, e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered;

(iii) having taken into account all the opportunities for reducing waste generation and maximising reuse, the Applicant shall estimate the types and quantities of the wastes required to be disposed of as a consequence and shall describe the disposal options for each type of waste in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment set out below. The EIA report shall state clearly the agreed disposal outlets for the wastes identified; and

(iv) the impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures proposed, in particular the potential impacts associated with disposal of spoil to a designated area during the tunnel construction.

3.11 Land and Contamination Impact

3.11.1 The Applicant shall make reference to the previous EIA study and shall provide a clear and detailed account of the present use of the land within the project boundaries (e.g. description of the activities, chemicals and hazardous substances handled with a clear indication of their storage and location by reference to a site map) and the relevant past land history in relation to possible land contamination (eg. accident records, change of land use, etc.). Particular reference shall be given to the land uses identified in section 3.1 of Annex 19 of TM.

3.11.2 For the potential contaminated sites identified, the Applicant shall prepare a Contamination Assessment Plan (CAP) as part of the EIA report. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and extent of the contamination of the sites. The Applicant shall also discuss in the EIA report the possible remediation options.

3.12 Impact on Cultural Heritage

3.12.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing impacts on sites of cultural heritage as stated in Annexes 10 and 19 of the Technical Memorandum, respectively. The study area shall be within 500m from either side along the full stretch of the project boundary.

3.12.2 The Applicant shall also make reference to the previous EIA study and present and incorporate all relevant information into the EIA report for the purpose of reviewing and updating the cultural heritage impacts arising from the construction and operation of the revised railway scheme of the project, in particular, the impacts due to vibration associated with the construction activities.

3.12.3 Special attention shall be paid to the historic buildings and structures in the vicinity of the project including the following Deemed Monument and Graded Buildings:-

• Hau Ancestral Hall
• Hung Shing Temple and Pai Fung Temple
• Sin Wai Nunnery
• Manor House
• Lady Ho Tung Welfare Centre

3.12.4 The Applicant shall evaluate the potential impacts on the archaeological site at Fung Kong as identified under the Planning and Development study on NENT during the construction stage.

3.13 Landscape and Visual Impact

3.13.1 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.

3.13.2 The Applicant shall also make reference to the previous EIA study and present and incorporate all relevant information into the EIA report for the purpose of reviewing and updating the landscape and visual impacts arising from the construction and operation of the revised railway scheme of the project.

3.13.3 The assessment area for the landscape impact assessment shall include all areas within a 500m distance from the project boundary. The assessment area for the visual impact assessment shall be defined by a 8-km radius visual envelope within the territory of HKSAR of the proposed project.

3.13.4 The EIA report shall cover the following:-

(i) the landscape and visual impacts of the project especially of the viaduct and the Lok Ma Chau Station and all above ground structures including cut and cover tunnel box, ventilation buildings, shafts and associated access roads; and

(ii) the landscape and visual impacts of the project arising from tree felling due to temporary and permanent works.

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

4.1 The Applicant shall 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.

4.4 The EIA report shall set out the environmental management system requirements for the construction and operation of the project to achieve satisfactory environmental performance.

5. DURATION OF VALIDITY

5.1 If the EIA study does not commence within 24 months after the date of issue of this study brief, 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 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 environmental benefits of environmental protection measures recommended.

6.3 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 80 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; and

(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.

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 section 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, for future EM&A reports recommended by the EIA study, both hardcopies and electronic copies 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 of this EIA study brief and in the Project Profile (No.PP-144/2001), 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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