ESB-107/2003

Environmental Impact Assessment Ordinance (Cap. 499), Section 5(7)

Environmental Impact Assessment Study Brief No. ESB-107/2003

Project Title: Tonggu Channel of Shenzhen Port

(hereinafter known as the “Channel”)

Name of Applicant:Shenzhen Port Tonggu Channel Developing Office

(hereinafter known as the “Applicant”)

1. BACKGROUND

1.1 An application (No. ESB-107/2003) 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 1 April 2003 with a project profile (No. PP-187/2003) (the Project Profile).

1.2 The Applicant proposes to construct and operate the Hong Kong portion of the Tonggu Channel (hereinafter known as the “Project”). The Channel lies in the southeast region of the Pearl River Estuary, connecting the Urmston Road to the north and the Lantau Channel to the south, and straddles the Hong Kong Special Administrative Region (HKSAR)/Mainland boundary, as shown in Appendix A and described below:

(i) The portion of the Channel within the HKSAR waters, estimated to be 4.5 km in length, will be constructed and operated under this Project.

(ii) According to the Project Profile, the entire Channel will measure about 20.2 km in total length and will be constructed in short-, medium- and long-term phases. In short-term phase, the dredging length, bottom width, designed draft and dredging volume are estimated to be 18 km, 200 m, -13.5 m and 32.82 Mm³ respectively. Those in the medium-term phase would reach 18.6 km, 215 m, -15.7 m and 49.53 Mm³ respectively, while those in the long-term phase would reach 19.2 km, 455 m, -17.0 m and 102.36 Mm³ respectively.

(iii) For the portion of the Channel within the HKSAR waters, the estimated dredging volume for the short-term phase is about 8.12 Mm³while that for the medium-term phase is about 2.38 Mm³. As indicated in the Project Profile, the exact programme and amount of dredging for the long-term construction and operational phases (including maintenance dredging), as well as the portion within the Hong Kong waters, have not yet been determined and would depend on the future need of the Channel.

(iv) The dredged marine sediment will be transported for disposal in the Mainland. The two proposed dumping sites will include the Dachan Island/Nanyou reclamation site near Shekou and the marine dumping area at Aizhou as shown in Appendix A.

(v) The annual sedimentation volume during operation of the Channel would be around 1-1.3 Mm³. The detailed maintenance dredging programme and methods for different phases will be determined during the EIA study.

1.3 In view of the proximity of the Project to a number of environmentally sensitive areas, there are grave concerns about the adverse environmental impacts arising from the Project and the associated activities. An EIA study is required under the EIAO to evaluate the environmental acceptability of the Project and the associated activities. Under section 7 of the EIAO, there is a statutory requirement to consult the public and the Advisory Council on the Environment on the EIA report. The comments from the public and the Advisory Council on the Environment will be taken into account before the approval of the EIA report.

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 and the associated activities 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 provide information on the consideration of alternatives to avoid and minimize the potential environmental impacts, and to compare the environmental benefits and dis-benefits of each of the different options; to provide reasons for selecting the preferred option(s) and to describe the part of environmental factors played in the selection;

(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 losses or damages to aquatic organisms and natural habitats and to propose 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 operational stages 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 Environmental Impact Assessment Ordinance (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, particularly including the worst-case environmental scenario as a result of all possible phases of construction and operation (including maintenance dredging) of the Project as outlined in sub-section 1.2(iii) above. Information on the potential adverse impacts on the environment within the HKSAR boundary arising from any associated works of the Project outside the HKSAR boundary, and in combination with those impacts arising from the Project, shall also be provided to facilitate the Director’s consideration of the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project. 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 potentially serious water quality impact, in particular the potential release of toxic contaminants, arising from the dredging activities during the construction and operational stages of the Project;

(ii) the potentially serious impacts to the ecologically sensitive areas, including the following, and any other sensitive areas that may be identified during the course of the EIA study:

(a) the Sha Chau and Lung Kwu Chau Marine Park;

(b) the vicinities along the proposed alignment of the Channel which are frequented by the Chinese White Dolphins ;

(c) the Mai Po and Inner Deep Bay Ramsar Site, the Deep Bay Site of Special Scientific Interest (SSSI) and the Pak Nai SSSI;

(d) the San Tau SSSI at northwestern Lantau; and

(e) the potential marine parks at Southwest Lantau, Soko Islands and South Lamma.

(iii) the potential risk to the survival of the Chinese White Dolphins due to the increase in marine traffic and risk of oil and chemical spillages in close proximity to ecologically sensitive areas listed in sub-section (ii) above during operation of the Project;

(iv) the potentially serious fisheries impacts on capture and culture fisheries during construction and operational stages including the potential loss of fishing grounds, spawning and nursery grounds of fish and shrimp, impacts on oyster farming in Deep Bay and the Ma Wan fish culture zone; and

(v) the recurrent environmental implications arising from the maintenance dredging associated with the operation of the Project;

(vi) the potentially serious cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed and planned developments in the vicinity of the Project that may have a bearing on the environmental acceptability of the Project. Consideration shall be given to account for the impacts from likely concurrent activities such as the existing operation of the contaminated mud marine disposal facility at East Sha Chau, planned projects such as the Shenzhen Western Corridor, the Hong Kong-Pearl River West Link and the Permanent Aviation Fuel Facility for the Hong Kong International Airport, and any associated works of the Project such as dredging of other portions of the Channel and marine mud disposal outside the HKSAR boundary.

3.3 Consideration of the Need of the Project, Alternative Alignment Options and Dredging Methods

When preparing the EIA report in accordance with the technical requirements below and the TM, the Applicant shall include in the EIA report the following considerations in sub-sections 3.3.1 to 3.3.4.

3.3.1 The Need of the Project

The Applicant shall study and review the need for the different phases of the Project as outlined in sub-section 1.2(iii) above, and provide information/proof to justify the need. The Applicant shall explain clearly the purpose and objectives of the Project and describe the scenarios with and without the Project, and the scenarios with and without encroachment upon Hong Kong waters.

3.3.2 Consideration of Different Alignment Options

Apart from the proposed alignment indicated in the Project Profile, the Applicant shall consider other feasible alignment options for the Project with a view to avoiding or minimizing the potential environmental impacts of the Project, especially the potential impacts onto water quality and the knock-on effects to the ecologically sensitive areas, with special focus on the Sha Chau and Lung Kwu Chau Marine Park (which is important to the local Chinese White Dolphin population) and the fisheries resources/habitats. A comparison of the environmental benefits and dis-benefits of the possible alignment options shall be made with a view to recommending the preferred option to avoid adverse environmental effects to the maximum practicable extent.

3.3.3 Consideration of Alternative Dredging Methods and Sequences of Works

Having regard to the cumulative effects of the dredging period and the severity of the environmental impacts to the affected sensitive receivers during construction and operational stages of the Project (including maintenance dredging), the EIA study shall explore alternative dredging methods (including those indicated in the Project Profile and other possible dredging methods to be investigated during the course of the EIA study) and sequences of works for the Project, with a view to avoiding prolonged adverse environmental impacts to the maximum practicable extent. The alternative sequences of works to be explored shall include alternative phasing, frequency, duration and rate of dredging. A comparison of the environmental benefits and dis-benefits of applying different dredgin methods and sequences of works shall be made.

3.3.4 Selection of Preferred Scenario

Taking into the considerations and comparisons in sub-sections 3.3.1 to 3.3.3 above, the Applicant shall recommend/justify the selection of the preferred scenario that will avoid or minimize adverse environmental effects arising from the Project, and adequately describe the part that environmental factors played in arriving at the final selection.

3.4 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects as described in sections 3.1, 3.2 and 3.3 above. The EIA study shall include the following technical requirements on specific impacts.

3.4.1 Water Quality Impact

3.4.1.1 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.

3.4.1.2 The study area for this water quality impact assessment shall cover the Deep Bay , North Western, North Western Supplementary, Western Buffer, Victoria Harbour, Southern, Second Southern Supplementary Water Control Zones (as shown in Appendix B) as designated under the Water Pollution Control Ordinance (WPCO). This study area could be extended to include other areas if they are found also being impacted during the course of the EIA study and have a bearing on the environmental acceptability of the Project.

3.4.1.3 The Applicant shall identify and analyse all physical, chemical and biological disruptions of marine water and coastal water arising from the construction and operation of the Project.

3.4.1.4 The Applicant shall predict, quantify and assess any water quality impacts arising from the Project on the water system(s) and the sensitive receivers by appropriate mathematical modelling and/or other techniques proposed by the Applicant and approved by the Director. The mathematical modelling requirements are set out in Appendix C to this study brief. Possible impacts due to the dredging, transporation and disposal of dredged materials shall include but not be limited to changes in hydrology, flow regime, sediment erosion and deposition patterns, water and sediment quality, aesthetic enjoyment in respect of the potential loss of amenity in the existing and potential marine parks and the effects on the marine mammals and aquatic organisms. The prediction shall include possible different construction stages or sequences, and different operational stages. For operational stage assessment, potential locations, quantities and rates of fuel and toxic substance spills should also be identified and quantified. The spill modelling assessment should cover combinations of different tides, wind and season conditions. Affected sensitive receivers should be identified by the assessment tool with indications of degree of severity.

3.4.1.5 The Applicant shall take into account and include likely different construction and operational stages or sequences, including maintenance dredging of the Project in the assessment. The assessment shall have regard to the phasing, frequency, duration and rate of dredging and its sediment loading. Essentially the assessment shall address the following:

(i) Collection and review of background information on the existing and planned water system(s) and sensitive receivers which might be affected by the Project during construction and operation. Consideration shall also be taken for any sensitive receivers in the Mainland waters being likely affected by the construction works of the Project in HKSAR waters;

(ii) Characterization of water and sediment quality of the water system(s) and sensitive receivers which might be affected by the Project during construction and operation based on existing information or appropriate site survey and tests;

(iii) Identification and analysis of all existing and planned future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers including those highlighted in sub-sections 3.2(ii) & (iv) as well as any seawater intake points (e.g. cooling water intakes for power station at Black Point and Tuen Mun Salt Water Puming Station intake) and beaches that are likely to be affected. The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans;

(iv) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in sub-section (i) above and particularly those ecologically sensitive receivers (such as Chinese White Dolphins) for the assessments in sub-sections 3.4.3 and 3.4.4;

(v) Review of the construction sequences and methods, and the operation of the Project to identify any alteration of bathymetry and flow regimes;

(vi) Identification and quantification of all existing and likely future water and sediment pollution sources and loading (which shall include maintenance dredging of marine sediment of the Project) as well as sewage outfalls such as from the San Wai Sewage Treatment Works (STW) and Pillar Point STW. An emission inventory on the quantities and characteristics of all these existing and likely future pollution sources in the study area shall also be provided. Field investigation and laboratory test, as appropriate, shall be conducted to fill relevant information gaps;

(vii) Prediction and quantification of impacts on the water system(s) and the sensitive receivers likely to be affected by the alternations and changes identified in sub-section (v) above and the pollution sources identified in sub-section (vi) above. The Applicant shall assess both the local and regional effects on erosion, sediment re-suspension, sediment dispersion and water quality due to any dredging of marine sediment for the Project. The location, nature, extent and rate of such works for the Project shall be clearly identified and evaluated. The assessment shall also take into account the additional pollution loading and oxygen demand exerted by disturbed sediment during dredging;

(viii) Identification and quantification of all dredging, sediment/mud transportation and disposal activities and requirements. Potential dumping ground to be involved shall also be identified and cumulative environmental impacts during its operation be evaluated. Field investigation, sampling and chemical and biological laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The potential for the release of contaminants during dredging shall be addressed using the chemical testing results derived from sediment samples collected on site and relevant historic data. Appropriate laboratory tests such as elutriate tests and sediment pore water (interstitial water) analyses shall be performed on the sediment samples to simulate and quantify the degree of mobilization of various contaminants such as metals, ammonia, trace organic contaminants (including PCBs, PAHs, TBT and chlorinated pesticides) into the water column during dredging. The ranges of parameters to be analyzed;the number, location, depth of sediment, type and methods of sampling; sample preservation; and chemical and biological laboratory test methods to be used shall be subject to the approval of the Director. The Applicant shall also assess the pattern of the sediment deposition and the potential increase in turbidity and suspended solid levels in the water column and at the sensitive receivers due to the disturbance of sediments during dredging;

(ix) Assessment of the cumulative impacts due to other related concurrent and planned projects, activities or pollution sources along the identified water system(s) and sensitive receivers that may have a bearing on the environmental acceptability of the Project through mathematical modelling. This shall include the potential cumulative construction and operational water quality impact arising from, inter alia, the associated works of the Project, the activities and planned projects highlighted in sub-section 3.2(vi);

(x) Recommendation of appropriate mitigation measures to avoid or minimize the impacts identified above, in particular suitable mud dredging and disposal methods shall be recommended to mitigate any adverse impacts. The residual impacts on the water system(s) and the sensitive receivers with regard to the relevant water and sediment quality objectives, criteria, standards or guidelines shall be assessed and quantified using appropriate mathematical models as set out in Appendix C to this study brief; and

(xi) With reference to the assessment findings in sub-section 3.4.1.4 above, review relevant existing emergency response plan(s) and, if necessary, propose modification(s) to the existing emergency response plan(s), or derive additional emergency response plan(s) as appropriate to deal with accidental spillage of oil, toxic substances and other chemicals during the operational stage of the Channel. The plan should aim to contain and/or remove the accidental spillage so as to prevent and/or to minimize exposure to contaminants by environmentally sensitive receivers/areas such as Chinese White Dolphin and the mudflats in the Mai Po and Inner Deep Bay Ramsar Site.

3.4.1.6 The Applicant shall describe clearly the frequency and rate of maintenance dredging, including detailed substantiation of the assumptions adopted, and shall assess and evaluate the recurrent water quality impacts of the maintenance dredging activities.

3.4.2 Waste Management Implications

3.4.2.1 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.

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

(i) Analysis of Activities and Waste Generation

The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, including maintenance dredging of the Project, based on the sequence and duration of these activities.

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be fully evaluated. 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.

(b) After considering all the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste shall be described in detail. The disposal method recommended for each type of waste shall take into account the result of the assessment in sub-section (c) below.

(c) The impact caused by handling (including labeling, packaging & storage), collection, and reuse/disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas:

- potential hazard; and

- wastewater discharge.

(d) Cross-boundary movements of wastes, which shall meet the requirements under the Waste Disposal Ordinance and the Dumping at Sea Ordinance for reuse/disposal on land and marine disposal respectively, shall be addressed in detail including the movement of wastes within the HKSAR waters, and that outside the HKSAR boundary that may have potential cumulative impacts to Hong Kong.

(iii) Dredging and Dumping

(a) The categories of sediments which require different types of disposal in accordance with the Environment, Transport and Works Bureau Technical Circular (Works) No. 34/2002 shall be identified by both chemical and biological tests and their quantities shall be 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.

(b) Identification and evaluation of the best practicable dredging methods to minimize dredging and dumping requirements based on the criterion that existing marine mud shall be left in place and not to be disturbed as far as possible.

(iv) Waste Management Plan

If the construction method(s) adopted will lead to the generation of significant amount of waste material, the Applicant shall, based on the assessment in sub-sections (i) to (iii) above, include in the EIA report a Waste Management Plan specifying, where appropriate, the following elements to ensure that the potential environmental impacts will be avoided or minimized:

(a) measures on how to maximize waste(s) reduction;

(b) quantity and nature of waste(s) to be generated;

(d) their disposal mean(s), route(s) and final destination(s) inside the HKSAR boundary, and outside the HKSAR boundary which may have potential cumulative impacts to the environment of the HKSAR.

3.4.3 Marine Ecological Impact

3.4.3.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively.

3.4.3.2 The study area for the ecological impact assessment shall be the same as for the water quality impact assessment or the area likely to be impacted by the Project.

3.4.3.3 In the ecological impact assessment, the Applicant shall examine the aquatic organisms and other components of the ecological habitats within the study area, including the recognized sites of conservation importance (e.g. Marine Parks and Sites of Special Scientific Interest) and other ecologically sensitive areas, as well as those highlighted in sub-section 3.2(ii) above. The aim shall be to protect, maintain or rehabilitate the natural environment. The assessment shall identify and quantify as far as possible the potential ecological impacts arising from the construction and operation of the Project and in combination with those cumulative impacts from associated works of the Project, both directly by physical disturbance and indirectly by changes of water quality, sedimentation patterns and hydrodynamic regime. Details of specific requirements on the assessment of impacts on the Chinese White Dolphin are stipulated in sub-section 3.4.3.6 below.

3.4.3.4 The assessment shall include the following major tasks:

(i) review and incorporate the findings of relevant previous studies/surveys including but not limited to those contained in Appendix D and collate all available information on the ecological characters of the study area;

(ii) evaluate the information collected from sub-section (i) above, and identify any information gap relating to the assessment of potential ecological impacts to the aquatic environment in particular the Sha Chau and Lung Kwu Chau Marine Park;

(iii) carry out necessary ecological field surveys for a duration of at least six months to cover the wet season and investigations to verify the information collected, fill the information gaps identified in sub-section (ii) above and fulfill the objectives of the EIA study;

(iv) establish an ecological profile of the study area based on data of relevant previous studies/surveys and results of additional ecological field surveys, taking into consideration the seasonal variations, and describe the characteristics of each habitat found. Major information to be provided shall include:

(a) description of the physical environment, including all recognized sites of conservation importance and ecologically sensitive areas as listed in sub-section 3.2(ii) above, and assess whether these sites will be affected by the Project or not;

(b) habitat maps of suitable scales showing the types and locations of habitats in the study area;

(c) ecological characteristics of each habitat type such as extent, substrate 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 photographs of each habitat type and any important ecological features identified;

(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of habitats or Red Data Books.

(v) investigate and describe the existing wildlife uses of various habitats with special attention to:

(a) the Chinese White Dolphin, Sousa chinensis;

(b) the horseshoe crabs; and

(vi) using suitable methodology and considering also any work activities from other projects reasonably likely to occur at the same time, identify and quantify as far as possible any direct, indirect (e.g. changes in water qualities, hydrodynamic properties, sedimentation rates and patterns, hydrology), on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction or disturbance of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity, habitat fragmentation, and in particular the following:

(a) potential impacts on horseshoe crabs and their nursery areas at Pak Nai in Deep Bay and San Tau at north Lantau;

(b) potential changes in sedimentation pattern of the mudflats in the Mai Po and Inner Deep Bay Ramsar Site;

(d) deterioration of environmental qualities (e.g. water quality, sediment quality) caused by factors like potential release of pollutants (e.g. toxic contaminants) from dredged sediment, and the subsequent impacts to the biological communities during construction and operational stages of the Project including any maintenance dredging required;

(e) potential long-term environmental impacts of increased marine traffic in both the Channel and in other navigation channels within Hong Kong waters, with particular respect to the risk of vessel collision with Chinese White Dolphins and, for areas at south Lantau and Soko Islands, with the Finless Porpoise; and

(f) deterioration of or disturbance to other marine habitats of conservation value, including any that might be discovered during the course of the assessment.

(vii) determine that the ecological impacts due to the construction and operation of the Project are avoided by design to the maximum practicable extent;

(viii) evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria. Reference shall be made to the Final Report of the “Consultancy Study on Fisheries and Marine Ecological Criteria for Impact Assessment” as appropriate;

(ix) recommend all possible alternatives (such as re-routing, fine-tuning of the alignment, and/or using other construction methods) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified;

(x) evaluate the feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;

(xi) determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;

(xii) evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria. If off-site mitigation measures are considered necessary to mitigate the residual impacts, the guidelines and requirements laid down in the Works Bureau Technical Circular No. 4/97 shall be followed; and

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

3.4.3.5 The Applicant shall describe clearly the frequency and rate of maintenance dredging, including detailed substantiation of the assumptions adopted, and shall assess and evaluate the recurrent marine ecological impacts of the maintenance dredging activities.

3.4.3.6 Impacts on Chinese White Dolphins

3.4.3.6.1 The assessment of impacts on the Chinese White Dolphin (Sousa chinensis) shall include the following tasks:

(i) review and incorporate the findings of relevant studies including the previous dolphin studies, in particular the “Population Biology of the Indo-Pacific Hump-backed Dolphin in Hong Kong Waters” (Wildlife Monograph No. 144, page 1-65, published in October 2000), and collate all available information regarding the ecological characters of the study area;

(ii) evaluate the information collected and identify any information gap relating to the assessment of potential impacts on the Chinese White Dolphins;

(iii) carry out necessary field surveys and investigations to verify the information collected, fill the information gaps identified, if any, and to fulfil the objectives of the EIA study;

(iv) present all relevant survey findings including previous surveys conducted in relevant studies together with surveys carried out under this study;

(v) assess the direct and indirect impacts, including water quality changes, release of toxic contaminants from sediments and their consequential ecological effects on the Chinese White Dolphins, during the construction and operational stages of the Project. The assessment shall include:

(a) impacts and disturbance to the Chinese White Dolphins associated with dredging, transportation and disposal of dredged sediment;

(b) predicted water quality changes and consequential ecological impacts on the Chinese White Dolphins. Parameters to be assessed should include suspended solids, dissolved oxygen and toxicity. The significance and acceptability of the predicted changes shall be evaluated using well-defined criteria;

(c) ecological impacts on the Chinese White Dolphins associated with potential bioaccumulation of toxic contaminants released from the disturbed or dredged sediment during the construction and maintenance stages of the Project. The significance and acceptability of the predicted impacts shall be evaluated using well-defined criteria;

(d) potential risk on the Chinese White Dolphins colliding with vessels arising from increased marine traffic due to the operation of the Project; and

(e) potential risk on the Chinese White Dolphins being exposed to accidental oil and chemical spillages arising from increased marine traffic due to the operation of the Project.

(vi) assess the overall cumulative ecological impacts on the Chinese White Dolphins due to this Project, any associated works of the Project, and any nearby development;

(vii) identify precautionary and mitigatory measures for protection of the Chinese White Dolphins. The proposed measures may include, but need not be limited to, those recommended in previous EIA studies and dolphin studies;

(viii) review the need for and recommend any dolphin monitoring programme; and

(ix) assess and determine the acceptability of the overall residual ecological impact on the Chinese White Dolphin, in particular within the Sha Chau and Lung Kwu Chau Marine Park, after implementation of the precautionary and mitigatory measures as identified under sub-section (vii) above.

3.4.3.6.2 The Applicant shall describe clearly the frequency and rate of maintenance dredging, including detailed substantiation of the assumptions adopted, and shall assess and evaluate the recurrent impacts of maintenance dredging activities on the Chinese White Dolphins.

3.4.4 Fisheries Impact

3.4.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM.

3.4.4.2 The study area for fisheries impact assessment shall be the same as for water quality impact assessment described in sub-section 3.4.1.2 and any areas likely to be impacted by the Project. Special attention shall be given to the potential loss of fishing grounds, spawning and nursery grounds of fish and shrimp; adverse impacts on oyster farming (both raft and bed culture) within Deep Bay, the Ma Wan fish culture zone and the artificial reefs deployed within the Chek Lap Kok Marine Exclusion Zone 3 and the Sha Chau and Lung Kwu Chau Marine Park.

3.4.4.3 The assessment shall cover any potential impact on both capture and culture fisheries, during the construction and operation of the Project and in combination with those cumulative impacts from associated works of the Project.

3.4.4.4 Existing information regarding the study area shall be reviewed. Based on the review results, the study shall identify data gap and determine if there is any need for field surveys. If field surveys are considered necessary, the study shall recommend appropriate methodology, duration and timing for the field surveys.

3.4.4.5 The fisheries impact assessment shall include the following tasks:

(i) description of the physical environmental background;

(ii) description and quantification as far as possible of the existing capture and culture fisheries activities;

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

(iv) identification of parameters (e.g. water quality parameters) including any potential toxic contaminates released from the dredged sediment identified in sub-section 3.4.1.5(viii) and areas that will be affected;

(v) identification and quantification of any direct/indirect and on-site/off-site impacts to fisheries;

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

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

3.4.4.6 The Applicant shall describe clearly the frequency and rate of maintenance dredging, including detailed substantiation of the assumptions adopted, and shall assess and evaluate the recurrent fisheries impacts of the maintenance dredging activities.

3.4.5 Impact on Cultural Heritage

3.4.5.1 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.

3.4.5.2 The Applicant shall engage a qualified marine archaeologist to review existing available information to identify whether there is any possible existence of sites or objects of cultural heritage, for example shipwreck, within any seabed area that would be affected by the marine works of the Project. If found, a Marine Archaeological Investigation (MAI) is required within the said area. The MAI shall be carried out by a qualified marine archaeologist who shall obtain a License from the Antiquities and Monuments Ordinance (Cap. 53). The requirements of the MAI are set out in Appendix E.

3.4.6 Summary of Environmental Outcomes

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

3.4.7 Environmental Monitoring and Audit (EM&A) Requirements

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

3.4.7.2 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.

3.4.7.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix F to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

4. DURATION OF VALIDITY

4.1 If the EIA study does not commence within 36 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.

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 sub-section (i) aboveas 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 Project Profile (No. PP-187/2003), 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 ---

May 2003

Environmental Assessment and Noise Division,

Environmental Protection Department