1. BACKGROUND

1.1 An application (No. ESB-097/2002) 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 21 January 2002 with a Project Profile (No. PP-160/2002).

1.2 The Project Profile (PP) proposes to construct and operate a new railway line and two new railway stations as shown in Figure 1 to improve the accessibility to Tsim Sha Tsui and West Kowloon districts. The proposed 3.7km underground Kowloon Southern Link (KSL) will connect the new KCRC East Tsim Sha Tsui Station to the current West Rail terminus at Nam Cheong Station, with its alignment running under Salisbury Road, Former Marine Police Headquarter (FMPH), Canton Road and West Kowloon Reclamation area. Upon KSL's completion, the West Rail train service will terminate at Hung Hom. There will also be a new subway under Haiphong Road and/or Peking Road for connecting the existing Mass Transit Railway Tsim Sha Tsui Station and the proposed Canton Road Station.

1.3 Apart from the preferred alignment as mentioned in the above paragraph 1.2, KCRC has also considered three other alternative alignments for the KSL as shown in Figure 1 Options 2, 3 & 4. The EIA shall also consider and compare the environmental benefits and disbenefits of these alternative alignments, and demonstrate that the preferred alignment option has avoided the adverse environmental impacts to the maximum practicable extent, and will meet the relevant environmental criteria.

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 Project and related activities that take 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 Project;

(ii) the conditions and requirements for the detailed design, construction and operation of the 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 Project and associated works together with the requirements for carrying out the Project;

(ii) to identify and describe elements of community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment and the associated environmental constraints;

(iii) to describe the alignment and construction method selection process; to compare the environmental benefits and dis-benefits of each of the different alignments and construction methods; to provide reasons for selecting the preferred option and to describe the part environmental factors played in the selection process;

(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(v) to identify and quantify any potential landscape and visual impacts and to propose and implement measures to mitigate these impacts;

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

(vii) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;

(viii) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;

(ix) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) 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 cumulative effects and reduce them to acceptable levels;

(xi) to investigate the extent of the 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; and

(xii) to design and specify environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.

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 EIAO (hereinafter referred to as "the TM") are fully complied with.

3.2 The Scope

The scope of this EIA study shall cover the Project mentioned in section 1.2 above. 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 considerations on alternative rail alignments, station designs and also subway alignments for the KSL;

(ii) the considerations on realistic, practicable and feasible alternative tunnel construction methods (including, but not limited to, drill & blast, cut & cover, and bored tunnel methods), and the assumptions, uncertainties and risks implicit to each tunnel construction methods with respect to potential impacts on sensitive receivers during construction and operational phases;

(iii) the considerations on the adverse effects due to the construction and operation of the proposed railway on the operational performance of the affected sensitive receivers including, but not limited to, the existing Hong Kong Space Museum (HKSM) and the Hong Kong Cultural Centre (HKCC). The study should address the details of the construction programme, the construction methodologies, with an assessment of the extent to which the technologies to be employed are the best available proven technologies in order to avoid or mitigate potential adverse impacts to the maximum practicable extent;

(iv) the construction and operational ground borne noise impact on the sensitive receivers including, but not limited to, the HKSM and the HKCC at Salisbury Road, during daytime. If there are plans to extend the construction of the proposed railway into the restricted hours, then assessment on the construction and operational ground borne noise impact should also address, amongst others, any effects on the railway project, the possible constraints to the project programme, and the normal operation of the noise sensitive facilities, and receivers in the vicinity. The ground borne noise assessment methodology shall be agreed with the Director prior to the commencement of the assessment;

(v) the potential air borne noise and dust impacts arising from the construction activities, particularly the cut and cover construction method, on the sensitive receivers including, but not limited to, the residential units at Canton Road and Haiphong Road, the Canton Road Government School, the Lai Chack Middle School and the Man Cheong Estate;

(vi) the formulation of a realistic, reasonable and practicable construction programme, having regard to items (iii) and (iv) above, and the provision of continuous construction noise monitoring mechanism to maintain the construction noise levels to an acceptable limit;

(vii) the operational noise impacts of the proposed ventilation shafts, if any, on the affected sensitive receivers;

(viii) the potential cultural heritage impacts on the monuments and graded buildings including, but not limited to, the FMPH (and those tunnels under the FMPH), the Former Kowloon-Canton Railway Terminus Clock Tower, the Former Fire Station Buildings and the Peninsula Hotel arising from the construction and operation of the Project;

(ix) the potential impacts associated with the spoil generation and the transportation, stockpiling and disposal arrangements of the excavated materials during the construction of the Project;

(x) the potential land contamination impacts caused by the earlier land uses including, but not limited to, the Tsim Sha Tsui Fire Station, the petrol filling station at the junction of Sham Mong Road and Pok Man Street, the factory building at Sham Mong Road and any former shipyard and sites carrying out industrial activities within the West Kowloon Reclamation, and the potential need for handling contaminated spoil encountered and excavated during the tunnel construction works;

(xi) the potential landscape and visual impact caused by the construction activities (particularly the cut and cover construction method), works area, ventilation shafts and other major structures above ground level, and also the impacts on the landscape elements including, but not limited to, the Champion trees, protected species and mature trees at Haiphong Road, Kowloon Park Drive Children's Playground and FMPH site during both construction and operation phases;

(xii) the cumulative environmental impacts (particularly construction noise and dust impacts) of the Project, through interaction or in combination with other existing, committed and planned developments in the vicinity (e.g. the East Rail Extension - Hung Hom to Tsim Sha Tsui, the West Rail, the Modifications to MTRC Tsim Sha Tsui Station, the Salisbury Road Underpass and Associated Road Improvement Works including Middle Road Circulation System), on the sensitive receivers including, but not limited to, the residential units at Middle Road; and

(xiii) the environmental impacts of the Project including its alignment and ancillary infrastructures (ventilation shafts, subways, etc.) on the existing and planned uses (e.g. the cultural heritage, tourism and commercial uses of the FMPH), and the likely environmental benefits of the rail shall be stated in the EIA report.

3.3 Description of Alignment Options and Construction Methods Considered

3.3.1 Description of Preferred Rail Alignment & Station Selection

The Applicant shall recommend and justify the selection of the proposed rail alignment and station that will avoid or minimize adverse environmental effects arising from the Project to the maximum practicable extent. In view of the strong public demand for preserving the Champion trees and mature trees along Haiphong Road, the recommended rail alignment and station shall avoid causing any disturbance to the Champion trees and mature trees along Haiphong Road. The Applicant shall also describe the part that environmental factors played in arriving at the selection of the proposed alignment and present in the EIA report the followings:

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

(ii) a presentation of considerations and justifications regarding how the proposed scheme is arrived at, including clear elaboration on the role played by environmental factors in the selection. There shall be explanations given in the EIA report on why the other three alternative rail alignments as shown in Figure 1 are not regarded as a practical and reasonable alternative to the preferred option.

3.3.2 Consideration of Alternative Subway Alignment and Ventilation Shaft Locations

The Applicant shall consider alternative subway alignment and ventilation shaft locations for the Project. The proposed or selected subway alignment shall avoid causing any disturbance to the Champion trees and mature trees along Haiphong Road. A comparison of the environmental benefits and dis-benefits of possible subway alignment options and locations of ventilation shafts shall be made.

3.3.3 Consideration of Alternative Construction Methods for the Rail Tunnel and the Subway

Having regard to affected sensitive receivers, construction duration and the severity of the construction impacts, the EIA study shall also explore alternative construction methods and sequences of works for the rail tunnel and the subway, such as bore tunneling versus cut-and-cover, with a view to avoid adverse environmental impacts to the maximum practicable extent. A comparison of the environmental benefits and dis-benefits of applying different construction methods for different sections of each alignment option shall also be made.

3.4 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 also include the following technical requirements on specific impacts.

3.4.1 Construction Methodologies

3.4.1.1 The Applicant shall include in the EIA report details of the construction methodologies, and assess to what extent the technologies to be employed are applicable, appropriate and proven technologies. The Applicant shall compare the environmental benefits and disbenefits of the various construction technologies including, but not limited to, the drill & blast, cut & cover and bored tunnel methods, recommend and justify the best practicable mitigation measures associated with the adoption of these methodologies for the KSL alignment, and demonstrate that the methodologies used are proven sound and adequate such that the environmental impacts can be avoided to the maximum practicable extent.

3.4.2 Construction Dust Impact

3.4.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing construction dust impact as stated in section 1 of Annex 4 and Annex 12 of the TM, respectively. The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. A monitoring and audit program for the construction stage shall be devised to verify the effectiveness of the control measures so as to ensure proper construction dust control.

3.4.2.2 The EIA report shall cover the construction dust impacts arising from all construction works associated with the Project scope as detailed in section 1.2 above, and from all on and off-site work areas under the Project.

3.4.2.3 The area for construction dust impact assessment shall generally be defined by a distance of 500m from the boundary of the Project site, and any work sites proposed under the Project, but shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project. Such assessment shall be based on the best available information at the time of the assessment.

3.4.2.4 The Applicant shall assess the air pollutant concentrations with reference to the Guidelines for Local-Scale Air Quality Assessment Using Models in Appendixes A-1, A-2, A-3 & A-4 or other methodology as agreed by the Director. The Applicant shall make reference to the Guidelines with respect to construction dust impacts, cumulative construction dust impact and air intake evaluation. In consideration of construction dust impact, the Applicant shall make reference to the Fugitive Dust Model (FDM) in Appendixes A-1 and A-3; in consideration of cumulative construction dust impact, the Applicant shall make reference to the FDM in Appendixes A-1, A-2 and A-3; in consideration of air intake evaluation, the Applicant shall make reference to the Industrial Source Complex Dispersion Model - Short Term Version 3 (ISCST3) in Appendixes A-1 and A-4.

3.4.2.5 The construction dust impact assessment shall include the following:

(i) Background and Analysis of Activities

(a) Provide background information relating to construction dust issues relevant to the Project, e.g. description of the types of activities of the Project.

(b) Give an account, where appropriate, of the considerations / measures that have been taken into consideration in the planning of the Project to abate the construction dust impact. That is, the Applicant shall consider alternative construction methods / phasing programmes to minimize the construction dust impact.

(c) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative construction dust impacts.

(ii) Identification of Air Sensitive Receivers (ASRs) and Examination of Emission / Dispersion Characteristics

(a) Identify and describe existing and planned / committed ASRs that would likely be affected by the Project, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans. The Applicant shall select the assessment points of the identified ASRs that represent the worst point of these ASRs. A map showing the location and description such as the name of building, use and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources should also be given.

(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact related to the Project. Examples of construction stage emission sources include stock piling, blasting, concrete batching and vehicular movements on unpaved haul roads on site, etc. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction material handled, traffic mix and volume on a road etc.) shall be obtained from the relevant government departments / authorities and documented.

(iii) Quantitative Assessment Methodology

(a) The Applicant shall apply the general principles enunciated in the modelling guidelines in Appendixes A-1, A-2, A-3 and A-4 while making allowance for the specific characteristic of the Project. This specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants for input to the modelling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. In case of doubt, prior agreement between the Applicant and the Director on the specific modelling details should be sought.

(b) The Applicant shall identify the key / representative air pollutant parameters (types of pollutants and the averaging time concentration) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the Project.

(c) The Applicant shall calculate the cumulative construction dust impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted construction dust impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, and to be evaluated against the relevant air quality standards and on any effect they may have on the land use implications. Plans of a suitable scale should be used to present contour to allow buffer distances requirements to be determined properly.

(d) The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments / authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.

(e) All input and output file(s) of the model run(s) shall be submitted to the Director in electronic format.

3.4.3 Noise Impact

3.4.3.1 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.

3.4.3.2 The noise impact assessment shall include the following:

(i) Determination of Assessment Area

The study area for the noise impact assessment shall generally include all areas within a distance of 300m from the boundary of the Project and any work sites proposed under the Project. The existing HKSM and HKCC shall be included in the assessment area. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer project limit, provides acoustic shielding to those receivers at further distance behind. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at larger distance which would be affected by the construction and operation of the Project. The study area for the construction noise impact assessment shall also cover areas within 300m of all work sites proposed under the Project.

(ii) 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 r-equired.

Regarding the ground borne noise impact, the background information and existing noise levels shall be measured and described in a way sufficient for identification and prediction of noise impacts, and for formulation of noise standards including, but not limited to, the HKCC and the HKSM. Where necessary, baseline noise surveys shall be carried out to determine the existing noise conditions inside the HKCC and the HKSM, and all other environs likely to be affected during the construction and operation of the Project. The type and duration of baseline surveys shall be such that there will be adequate information taking account of natural variation to define the existing conditions. Where appropriate, results from relevant past studies should be used.

(iii) Identification of Noise Sensitive Receivers

(a) The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include all existing NSRs and all planned / committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall also include the HKCC and the HKSM. Other 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. For planned noise sensitive land uses without committed site layouts, the Applicant should use the relevant planning parameters to work out site layouts for operational noise assessment purpose.

(iv) Provision of an Emission Inventory of the Noise Sources

The Applicant shall provide an inventory of noise sources during construction and operation of the Project, such as construction equipment for assessment of construction noise associated with tunnelling works; and plant / equipment / train for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments / authorities and documented.

(v) Construction Noise Assessment

(a) The assessment shall cover the cumulative noise impacts due to the construction works of the KSL and other projects in the vicinity.

(b) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the Project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in 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. For the ground borne noise impacts including, but not limited to, the potential adverse effects on the HKCC and the HKSM, the criteria and the assessment methodology shall be agreed with the Director (with special reference to section 4.4.2(c) of the TM). Site measurement at appropriate locations may be required in order to obtain the empirical input parameters required in the ground borne noise model.

(c) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable. In case blasting cannot be avoided, it should be carried out, as far as practicable, outside the sensitive hours of 7 p.m. to 7 a.m. on Monday to Saturday and any time on a general holiday, including Sunday. For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact in associated with the removal of debris and rocks should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate. For blasting that must be carried out along Salisbury Road, a mechanism should be recommended in the EIA such that the blasting schedule should be submitted to the concerned authority for approval prior to its implementation in order not to affect the operation of the HKCC and the HKSM. For tunnelling, noise impact (including air borne noise and ground borne noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machine or equivalent, shall be assessed. In case a tunnel boring machine is used and there is likely ground borne noise affecting noise sensitive receiver, the assessment methodology / model for ground borne shall be agreed with the Director prior to obtaining the empirical parameters required in the ground borne noise model.

(d) 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) particularly at the open-cut area(s) and the tunnel portal(s) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

(e) The Applicant shall formulate a reasonable construction programme such that no work will be required in the restricted hours as defined under the Noise Control Ordinance (NCO) as far as practicable. In case the Applicant requires to evaluate construction works during restricted hours as defined under the NCO, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process the Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions / situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.

(vi) Operational Noise Assessment

(a) Rail Noise

(a1) The Applicant shall assess the impacts during the operational phase of the Project and the associated facilities, involving worst case scenario, normal, abnormal, transient and emergency operations, with respect to the acceptable levels contained in Table 1A in Annex 5 in the TM. The assessment methodology including the railway / train design noise level shall be agreed with the Director prior to the commencement of the assessment. For the ground borne noise impacts including, but not limited to, the potential adverse effects on the HKCC and the HKSM, the criteria and the assessment methodology shall be agreed with the Director (with special reference to section 4.4.2(c) of the TM). The assessment shall also cover the cumulative ground borne noise impact due to the KSL and the existing Mass Transit Railway on, but not limited to, the HKSM. Site measurement at appropriate locations may be required in order to obtain the empirical input parameters required in the ground borne noise model.

(a2) In assessing the noise level, the Applicant shall allow for a deterioration in rail and rolling stock condition from brand new to an operating level, address the worst case scenario, taking into account any other planned noise source. The Applicant shall present the noise levels in Leq(30min), Leq(24hr) and Lmax during the day and at night at the NSRs at various representative floor levels (in mP.D.) on tables and plans of suitable scale. Quantitative assessment at the identified NSRs for different alignment of the rail shall be compared against the relevant criteria or limits. The potential noise impact of each proposed alignment on the existing and planned NSRs shall be quantified by estimating the total number of dwellings and/or classrooms that will be exposed to levels above the relevant planning criteria and statutory limits.

(a3) The Applicant shall propose direct mitigation measures in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM or other criteria established for the ground borne noise impacts to protect the affected NSRs.

(b) Fixed Noise Sources

If the Project will cause any fixed noise sources, such as the ventilation systems, if any, the following assessment shall be followed.

(b1) Assessment of Fixed Source Noise Levels

The Applicant shall calculate the expected noise using standard acoustics principles. Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst case scenario. The Applicant shall calculate the noise levels taking into account the correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites. The cumulative impacts due to the fixed noise sources proposed for the KSL (such as the ventilation shafts) and other existing noise sources shall also be assessed.

(b2) Presentation of Noise Levels

The Applicant shall present the existing and future noise levels in Leq(30min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

(b3) Proposals for Noise Mitigation Measures

The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

(vii) 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 any recommended mitigation measures to address impacts arising from paragraph 3.4.5.2(iv), such as above ground conveyor belt system, land and marine traffic for exporting spoil for off-site disposal.

(viii) Evaluation of Constraints on Planned Noise Sensitive Developments / Landuses

For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.

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

3.4.4 Water Quality Impact

3.4.4.1 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 requirements and good site practices as stipulated in ProPECC Note 5/93 'Drainage Plan subject to Comment by the Environmental Protection Department' and ProPECC Note 1/94 'Construction Site Drainage' shall be followed and specified in the EIA.

3.4.4.2 Detailed water quality impact assessment as listed out in Appendix B1 is required if contaminated soil / land / groundwater is identified in the land contamination impact assessment, and an assessment as listed out in both Appendixes B1 and B2 is required if:

(i) sea water cooling is used and the flow rates of the spent cooling water effluent streams exceed the flow bands covered under the Technical Memorandum on Effluent Standards stipulated under the Water Pollution Control Ordinance; or

(ii) there is a change of decision to adopt the "Kowloon Point Alignment" or the "Harbour City Alignment" instead of the proposed "Canton Road Alignment" for the KSL during the course of this EIA study.

3.4.5 Waste Management Implications

3.4.5.1 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.

3.4.5.2 The assessment of waste management implications 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 maximizing 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 options recommended for each type of wastes shall take into account the result of the assessment in item (iv) below. The EIA report shall also state clearly the transportation routings and the frequency of the trucks / vessels involved, any barging point or conveyor system to be used, the stockpiling areas and the agreed disposal outlets for the wastes identified; and

(iv) the impact caused by handling (including stockpiling, labelling, packaging & storage), collection, and disposal of wastes from all on and off-site work areas as identified in (iii) above shall be addressed in detail. Appropriate mitigation measures, in particular the potential impacts associated with disposal of spoil to a designated area during tunnel construction shall be proposed. This assessment shall cover the following areas:

- potential hazard;
- air & odour emission;
- noise;
- wastewater discharge;
- public transport; and
- landscape and visual impacts of the barging point or conveyor system, if any.

(v) The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended mitigation measures to address impacts arising from item (iv) above, such as above ground conveyor belt system, land and marine traffic for exporting spoil for off-site disposal.

3.4.5.3 If there is a change of decision to adopt the "Kowloon Point Alignment" or the "Harbour City Alignment" instead of the proposed "Canton Road Alignment" for the KSL during the course of this EIA study, the Applicant shall:

(i) identify and quantify all dredging, fill extraction, filling, 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 chemical and biological 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; chemical and biological laboratory test method to be used shall be subject to the approval of the Director. The categories of sediments which require different types of disposal in accordance with WBTC No. 3/2000 shall be identified by both chemical and biological tests, and their quantities estimated. If the presence of any seriously contaminated sediment which requires Type 3 disposal is confirmed, the Applicant shall identify the most appropriate treatment and/or disposal arrangement and demonstrate its feasibility; and

(ii) identify and evaluate the best practicable dredging methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not to be disturbed.

3.4.6 Land Contamination Impact

3.4.6.1 The Applicant shall identify all land lots / sites within a distance of 300m from the boundary of the Project which, due to their past or present land uses, are potential contaminated sites. A detailed account of the present activities and past land history in relation to possible land contamination (e.g. aerial photos, accident records, fire records, change of land use, any signs of incineration facilities, burn pits or facilities that utilizes high temperature burning, etc.) should be provided. Particular reference shall be given to the land uses identified in section 3.1 of Annex 19 of the TM as well as the Tsim Sha Tsui Fire Station, the petrol filling station at the junction of Sham Mong Road and Pok Man Street, the factory building at Sham Mong Road, any former shipyard sites within the West Kowloon Reclamation and the potential need for handling contaminated spoil encountered and excavated during the tunnel construction works.

3.4.6.2 For any potential contaminated site 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.

3.4.6.3 Based on the endorsed CAP, the Applicant shall conduct a land contamination assessment. If land contamination is confirmed, a contamination assessment report (CAR) and a remedial action plan (RAP) shall be prepared to formulate in detail any necessary remedial measures.

3.4.7 Landscape and Visual Impact

3.4.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impacts for any above ground structures (especially the ventilation shafts and stations) and work areas as stated in Annexes 10 and 18 of the TM, respectively. Landscape and visual impacts during both construction and operation stages within the study area shall be assessed.

3.4.7.2 The study area for the landscape impact assessment shall include all areas within a 100m distance from the work limit of the Project, while the assessment area for the visual impact assessment shall be defined by the visual envelope of the Project.

3.4.7.3 The Applicant shall review relevant outline development plans, outline zoning plans (such as Tsim Sha Tsui Outline Zoning Plan No. S/K1/14 and South West Kowloon Outline Zoning Plan No. S/K20/11), layout plans, other published land use plans, planning briefs and studies which may identify areas of high landscape value, and recommend open space and amenity designations. Any guidelines on landscape strategies, landscape framework, urban design concept, building height profiles, designated view corridors, open space network and landscape links that may affect the appreciation of the project should also be reviewed. The aim is to gain an insight to the future outlook of the area affected so as to assess whether the Project can fit into surrounding setting. Any conflict with the published land use plan(s) should be highlighted and appropriate follow-up action should be recommended.

3.4.7.4 The Applicant shall describe, appraise, analyze and evaluate the existing landscape resource and character of the assessment area including but not limited to those Champion trees, protected species and mature trees along Haiphong Road, the Kowloon Park Drive Children's Playground and within the FMPH site. A system shall be derived for judging landscape and visual impact significance as required under the TM. The sensitivity of the landscape framework such as tree-lined avenue and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the Project with the existing and planned landscape settings. The landscape impact assessment shall quantify the potential landscape impacts as far as possible, so as to illustrate the significance of such impacts arising from the Project. A detailed tree survey shall be carried out, and the impacts on the existing Champion trees, mature trees and protected tree species shall be addressed.

3.4.7.5 The Applicant shall assess the visual impacts of the Project. Clear illustrations including mapping of visual impact are required. The assessment shall include the following:

(i) identification and plotting of visual envelope of the Project within the assessment area;

(ii) identification of the key groups of sensitive receivers within the visual envelope and their views at both ground level and elevated vantage points;

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

(iv) the severity of visual impacts in terms of nature, distance and number of sensitive receivers. The visual impacts of the Project with and without mitigation measures shall also be included so as to demonstrate the effectiveness of the proposed mitigation measures.

3.4.7.6 The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area. The Applicant shall take all practical steps to avoid adverse impact on and to preserve in-situ all Champion trees, protected species and mature trees along Haiphong Road, Kowloon Park Drive Children's Playground and the FMPH site. Adverse impacts on these trees such as crown pruning, root cutting, change of underground water level and change of soil level shall normally be avoided. Alternative rail alignment, station design, subway alignment and construction method that would avoid or reduce the identified landscape and visual impacts shall first be considered and be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The mitigation measures proposed shall not only be concerned with damage reduction, but should also include consideration of potential enhancement of existing landscape. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.

3.4.7.7 The mitigation measures shall include preservation of vegetation, transplanting of 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 material used and any measures to mitigate the impact on existing land use. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the Project. A practical programme and funding proposal for the implementation of the recommended measures shall be provided.

3.4.7.8 Annotated illustration materials such as coloured perspective drawings, plans and section / elevation diagrams, oblique aerial photographs, photographs taken at vantage points and computer-generated photomontage shall be adopted to fully illustrate the landscape and visual impacts of the Project. All computer graphics shall be compatible with Microstation DGN file format. The Applicant shall record the technical details such as system set-up, software, data files and function in preparing the illustration that may need to be submitted for verification of the accuracy of the illustrations.

3.4.8 Impact on Cultural Heritage

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

3.4.8.2 The Applicant shall conduct a baseline study to identify and compile a comprehensive inventory of potential sites of cultural and heritage importance in accordance with the requirements as detailed in section 1 of Appendix C attached. The study area for the baseline study shall cover an area which stretches 500 metres along both sides of the Project alignment. Particular attention shall be paid to the following structures:

(i) the FMPH (a declared monument) and the underground tunnels;

(ii) the Former Kowloon-Canton Railway Terminus Clock Tower (declared monument);

(iii) the Former Fire Station Buildings (grade III historical building); and

(iv) the Peninsula Hotel (grade III historical building).

3.4.8.3 The cultural heritage impact assessment shall include the following:

(i) establishment of a comprehensive inventory of these sites including relics, historic buildings, structures and graves located within or in close proximity to the project area that might have the potential to be affected by the Project. A geophysical survey shall be conducted to ascertain the extent of the tunnels under the FMPH. A plan showing the location of both the proposed work areas and all sites of cultural and heritage importance identified is required;

(ii) demonstration that the disturbance, including access, to these buildings are avoid to the maximum practicable extent by modification of layout and design of the Project. For those buildings that might still be directly or indirectly affected by the Project, the Applicant shall recommend practicable mitigation measures and monitoring to avoid or keep the adverse impacts on the buildings to the minimum. A checklist including all the impacts identified, recommended mitigation measures as well as the implementation agent and period shall also be included in the EIA report; and

(iii) in the event that supplementary studies are needed and agreed by the Director, the Applicant can draw necessary reference to Appendix C on the "Criteria for Cultural Heritage Impact Assessment".

3.4.8.4 The FMPH will be restored as a tourism-themed development. The Applicant may refer to the planning study namely "Study on the Development Opportunities of the Former Marine Police Headquarters Site in Tsim Sha Tsui", and propose that no adverse environmental impact will be imposed on the development during both the construction and operational stages of the KSL.

3.4.9 Hazard Assessment

3.4.9.1 If there is overnight storage of explosives on site, and the location of which is in close vicinity of populated areas, the Applicant shall follow the criteria for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting hazard assessment and include the following in the assessment:

(i) identification of all hazardous scenarios associated with on site transport, storage and use of explosives for blasting operations.

(ii) execution of a Quantitative Risk Assessment expressing population risks in both individual and societal terms.

(iii) comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM; and

(iv) identification and assessment of practicable and cost effective risk mitigation measures.

3.4.10 Summary of Environmental Outcomes

The EIA report shall contain a quantified 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 (including the number of vehicle trips and the volume of nitrogen dioxide emission reduced per day after the implementation of the KSL).

3.4.11 Environmental Monitoring and Audit (EM&A) Requirements

3.4.11.1 The Applicant shall define the scope of the EM&A requirements for the Project, and list out these activities and requirements in an EM&A Manual.

3.4.11.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM. The Applicant shall also propose real-time reporting of monitoring data for the Project through a dedicated internet website. Since adverse noise impacts will be caused by the proposed cut-and-cover construction methods, a continuous construction noise monitoring mechanism (similar to the one adopted for the East Rail Extension - Hung Hom to Tsim Sha Tsui rail project) shall be proposed for monitoring the construction noise levels up to the relevant standards.

3.4.11.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix D to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme. The Implementation Schedule shall include and discriminate between all phases and stages of Project implementation, and shall include all on and off-site works areas and sites, and temporary and permanent works.

4. DURATION OF VALIDITY

4.1 This EIA study brief is valid for 36 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

5. REPORT REQUIREMENTS

5.1 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.

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

(i) 50 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 item (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.

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

5.4 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 Portable Document Format (PDF version 4.0 or later), 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. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.

5.5 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.

5.6 When the EIA Report and the Executive Summary are made available for public inspection under Section 7(1) of the EIAO, 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.

5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies 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.

6. OTHER PROCEDURAL REQUIREMENTS

6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.

6.2 If there is any key change in the scope of the Project mentioned in Section 1.2 of this EIA study brief and in PP, 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 a fresh EIA study brief.

--- END OF EIA STUDY BRIEF ---

March 2002
Environmental Assessment and Noise Division
Environmental Protection Department