ESB-115/2004

Environmental Impact Assessment Ordinance (Cap. 499)

Section 5 (7)

Environmental Impact Assessment Study Brief No. ESB-115/2004

Project Title :Optimized Shatin to Central Link (SCL) Conforming Scheme –

East West Railway Corridor (Tai Wai to Hung Hom)

(hereinafter known as the “ Project”)

Name of Applicant : Kowloon Canton Railway Corporation (KCRC)

(hereinafter known as the “ Applicant”)

1. BACKGROUND

1.1 An application (No. ESB-115/2004) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Application on 15 April 2004 with a project profile No. PP-212/2004) (the Project Profile).

1.2 The proposed Project, “Optimized Shatin to Central Link (SCL) Conforming Scheme – East West Railway Corridor (Tai Wai to Hung Hom)(the project) is a new section of railway between Tai Wai and Hung Hom and the location of the project alignment shown on Drawings Nos, SCL002/CA/S0566 to SCL002/CA/S0568 reproduced as Figures 1, 2 and 3 of this EIA study brief. The trains to be operated on the project are electrically powered. The project will comprise of the following major components: -

a) Approximately 8.5 km of rail track running from Tai Wai to Hung Hom;

b) 5 railway stations including Diamond Hill Station, Kai Tak Station, Ma Tau Wai Station, Ho Man Tin Station, and Hung Hom Mass Transportation Centre.

c) An automated people mover system (APM) of about 1.1 km to connect Tsz Wan Shan area and Diamond Hill Station, an automated people mover system of about 1.2 km to connect Hung Hom Mass Transportation Centre and Whampoa areas,

d) An at grade maintenance centre in Kai Tak.

e) An aboveground depot adjacent to the SCL Diamond Hill Station for the support and stabling of the Tsz Wan Shan APM.

f) An at grade depot situated within a vacated residential R(A) site in the junction at Tai Wan Road for the support and stabling of the Whampoa APM system.

g) The tunnel portal and ventilation building at Hin Keng.

h) The supporting infrastructure for the construction and operation of the above items.

The Project is a Designated Project under Schedule 2, Part I of the Environmental Impact Assessment Ordinance (EIAO).

1.3 Pursuant to section 5(7) (a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA Study brief to the Applicant to carry out an EIA study.

1.4 The purpose of the EIA report is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the Project and related activities taking place concurrently. This information will contribute to decisions by the Director of Environmental Protection (the Director) on:

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

(ii) The conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and

(iii) The acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:

(i)To describe the proposed project and associated works together with the requirements for carrying out the proposed project;

(ii)To identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;

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

(iv)To identify and quantify any potential impacts from point and non-point pollution sources on the identified water systems and sensitive receivers during the construction and operation stages;

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

(vi)To identify any negative impacts on sites of cultural heritage and to determine the significance of those impact;

(vii)To identify, describe and quantify any potential landscape and visual impacts and evaluate the significance of such impacts; and to propose and implement measures to mitigate the impacts;

(viii)To propose the provision of infrastructure or mitigation measures so as to minimize the impacts including pollution, environmental disturbance and nuisance during construction and operation of the project;

(ix)To identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;

(x)To identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and to reduce them to acceptable levels;

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

(xii) To design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted; and

(xiii) To present the considerations and rationale in selecting and adopting the preferred option of the project.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

The Scope

3.1 This EIA study shall cover all areas within the proposed scheme boundary as shown in Figures 1,2 and 3 and other specific areas stipulated in the technical requirements of this Study Brief. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study:

(i) Phasing and sequencing of construction activities and the likely impacts on the sensitive receivers. The following are the key areas of concerns:

(a) Impacts at road sites which cannot be closed in daytime and where there is the need to carry out construction work at night-time and on public holiday, including, in particular, disturbance at Lung Cheung Road (Lung Poon Court and Galaxia Tower), Choi Hung Road and Prince Edward Road East (Rhythm Garden and Choi Hung Estate nearby) due to cut and cover construction activities, and disturbance at To Kwa Wan Road on existing residential buildings due to construction of cut and cover station;

(b)Impact to Hin Keng Estate due to the construction of the at-grade section near Hin Keng Portal;

(d)Associated impacts from tunnel construction including the operation of tunnel boring machine (TBM) or equivalent, and drill and blast construction; and

(e) Works areas for rock crushing, barging, storage and concrete batching.

(ii) The operational noise impacts arising from:

(a) The railway/APM noise impacts including air-borne noise and ground-borne noise, to the sensitive receivers arising from the operation of the railway/APM, including the noise from the aboveground and tunnel sections, and the cumulative effects of the proposed railway/APM with the existing KCRC East Rail and the future KCR Tai Wai to Ma On Shan Railway, Kowloon Southern Link, KCR Tsim Sha Tsui Extension and Shatin to Central Link (North South Railway Corridor); and

(b)The fixed source noise impact due to the operation of the Kai Tak Maintenance Centre, depots, ventilation buildings and other facilities associated with the operation of the railway/APM.

(iii) The risk of the Potentially Hazardous Installation of Shatin Water Treatment Plant,the Gas Plant in To Kwa Wan; and Towngas Beacon Hill North Offtake Station;

(iv) Potential impacts to the declared monuments and sites of cultural heritage in the vicinity of the proposed project, including but not limited to the sites of historical and cultural heritage significance described in section 3.2.7 of the Project Profile;

(v) Landscape and visual impacts from the project including permanent or temporary loss of recreational and amenity areas, impacts from the at-grade/elevated running line section/track/APM, all the above ground structures including Hung Hom Mass Transportation Centre (for any above ground and exposed structures), Kai Tak Maintenance Centre, station buildings, ventilation buildings, vent shafts, viaducts, construction shafts, tunnel portals, works areas, at grade maintenance center, emergency access point building, etc and from noise mitigation measures (such as full and partial enclosures, cantilevered noise barriers and other types of noise barriers).

(vi) Any potential impacts on the ecology, including impacts on woodland, plantation, natural stream course, country park and any other important habitats from the railway or from its construction;

(vii) The potential impacts on country park arising from tunnel construction.

(viii) The potential impacts on water quality during the construction and operation stages of the Project, including construction site runoff, track runoff, cooling water discharge and sewage discharge;

(ix) The potential impacts associated with waste generation during the construction of the Project, in particular the spoil arising from the construction of the tunnel section, the proposed disposal arrangements and the disposal of contaminated and uncontaminated mud;

(x) The potential land contamination impacts arising from the construction of the Project; and

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

Presentation of the Summary of Considerations Given to the Alternative Alignment, Building Design, and Construction Methods

3.2 The Applicant shall include the following information in the EIA Report:

(i) A summary of considerations given to any reasonable and practicable alternatives to the project including consideration of the alignment, building and structure design, this should include consideration of using underground alignment and stations for the people mover system connecting Whampoa area and the MTC in order to minimize any potential noise and visual impacts, and construction methods, and shall list out considerations of such factors as environmental impacts, engineering, time, costs and so forth;

(ii) A presentation of considerations and justifications to demonstrate how the proposed scheme was arrived at, including the descriptions of the environmental factors which were considered in the selection; and with comparison of the environmental benefits and disbenefits of different options; and

(iii) A presentation of the rationale for selecting recommended construction methods, any alternative methods that have been considered and how the preferred methods avoid the adverse environmental effects to the maximum practicable extent. In particular, the summary shall include a comparison of cut and cover methods, drill and blast methods, Tunnel Boring Machine methods, to show that avoidance and minimizing of environmental impacts have been given priority consideration.

Technical Requirements

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

3.3.1 Construction Methodologies and Programme

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

3.3.2 Construction Air Quality Impact

3.3.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing construction air quality impact as stated in Annex 4 and Annex 12 of the Technical Memorandum (TM) issued under the Environmental Impact Assessment Ordinance (EIAO) respectively. The assessment shall be based on the best available information at the time of the assessment.

3.3.2.2 The assessment area for air quality impact shall generally be defined by a distance of 500 m from the boundary of the project site, although it may be extended by agreement with the Director depending on the circumstances and the scale of the project.

3.3.2.3 The Applicant shall assess the air pollutant concentrations with reference to the Guidelines for Local-Scale Air Quality Assessment Using Models issued by the Modelling Section, Air Policy Group, Environmental Protection Department, HKSAR dated March 2000, or other methodology as agreed with the Director. These guidelines can be downloaded from Environmental Protection Department (EPD) website at http://www.epd.gov.hk

3.3.2.4 The construction air quality impact assessment shall include the following:

(i) Background and analysis of activities

(a) Provide background information relating to air quality issues relevant to the project, including description of the types of construction activities of the project that will likely give rise to dust emissions.

(b) Give an account, where appropriate, of the considerations and measures that had been taken into consideration in the planning of the project to abate the air pollution impact. That is, the Applicant should consider alternative construction methods/phasing programmes to minimise the construction air quality impact.

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

(ii) Identification of Air Sensitive Receivers (ASRs) and examination of emission/dispersion characteristics

(a) Identify and describe representative existing and planned/committed air sensitive receivers (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 such that they represent the worst impact point of these ASRs. A map showing the location and a description including the name of the buildings, their uses 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. For phased development, the Applicant should review the development programme, and where appropriate, include occupiers of early phases as construction impact ASRs if they may be affected by the later phase works.

(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the project. Examples of possible construction stage emissionsourcesinclude stock piling, blasting, concrete batching, casting yard, vehicular movements on unpaved haul roads on site and so forth.Confirmation of the validity of theassumptionsand the magnitude of the activities, such as volume of construction materials handled, shall be obtained from the relevant government department/authorities and documented.

(iii) Construction Dust Air Quality Impact

(a) The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control to ensure construction dust impacts are controlled to within the relevant standards as stipulated in Annex 4 of the TM. An audit and monitoring program shall be initiated during the construction stage to verify the effectiveness of the control measures and to ensure that the construction dust levels are controlled to within the required standards.

(b) If the Applicant anticipates significant construction dust impact likely to cause exceedance of the recommended limits in the TM at the ASRs, despite incorporation of the dust control measures stated above, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow the methodology below when carrying out the quantitative assessment.

(iv) Quantitative Assessment Methodology

(a) The Applicant shall apply the general principles enunciated in the modelling guidelines while making allowance for the specific characteristics of the project. This specific methodology must be documented in such level of detail (preferably with tables and diagrams) to illustrate 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 for the assessment of the impact of the project and shall provide explanation for choosing these parameters.

(c) The Applicant shall calculate the expected cumulative airpollutantconcentrations at the identified ASRs and compare these results against the criteria set out in Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary tables and pollution contours, for comparison with relevant air quality standards and for examination of the land use implications of these impacts. Plans of suitable scale should be used for presentation of pollution contours to allow proper determination of buffer distances requirements.

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

3.3.3 Noise Impact

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

3.3.3.2 The study area shall include all areas within a distance of 300m from the project boundary and of all work sites proposed under the Project. The study area may 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 located further away. In this case, the study area shall be agreed with the Director. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at greater distance which would be affected by the construction and operation of the Project.

3.3.3.3 Provision of Background Information and Existing Noise Levels:

(a)The Applicant shall provide all background information relevant to the Project, including relevant previous or current studies. Unless required for determining the planning standards, such as those for planning of fixed noise sources, no existing noise levels are required except as set out below.

(b) For 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 criteria. Where necessary, baseline noise surveys shall be carried out to determine the existing noise conditions inside NSRs 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.

3.3.3.4 Identification of Noise Sensitive Receivers (NSRs):

(a) The Applicant shall refer to Annex 13 in the Technical Memorandum (TM) issued under the Environmental Impact Assessment Ordinance (EIAO) when identifying the NSRs. The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Master Development Plans, Outline Concept Plans, Preliminary Outline Development Plans, Outline Zoning Plans, Recommended Outline Development Plans and Layout Plans. For planned noise sensitive land uses without committed site layouts, the Applicant should work out representative site layouts for operational noise assessment purpose, based on the relevant planning parameters.

(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment as described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map shall be given showing location and description, such as name of building, use, and number of floors of each and every selected assessment points.

3.3.3.5An inventory of noise sources including representative construction equipment for assessment of construction noise associated with, for example tunnelling and other construction works, and plant/equipment/railway/rolling stock/APM for operational noise assessment shall be provided. The inventory shall include the railway/APM traffic data as appropriate. Confirmation of the validity of the inventory shall be obtained from the Project Proponent.

3.3.3.6 Construction Noise Assessment:

(a) The assessment shall cover the cumulative noise impacts due to the construction works of the Project and other projects in the vicinity (including but not limited to KCRC Tsim Sha Tsui Extension, Shatin to Central Link (North South Railway Corridor), Route 8 – Section between Cheung Sha Wan and Sha Tin, Sha Tin New Town - Stage II Trunk Road T3, T4 and Associated Roadworks, and South East Kowloon Development).

(b) The Applicant shall carry out an assessment of noise impact from construction (excluding percussive piling) of the Project during day time (7am to 7pm, 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 issued under the EIAO. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.

(c) For ground-borne noise impacts, the criteria and assessment methodology shall be agreed with the Director (with reference to Section 4.4.2(c) of the TM). Site measurements at appropriate locations may be required in order to obtain the empirical input parameters required in the gound-borne noise model.

(d)To minimize the construction noise impact, alternative construction methods to replace percussive piling and blasting 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 (7pm to 7am 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 associated with the blast and with removal of debris and rocks should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate. Also, a mechanism should be recommended in the EIA Report such that the blasting schedule should be submitted to the concerned authority for approval prior to its implementation.

(e)For tunnelling, noise impact (including air-borne noise and ground-borne noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machines or equivalent, shall be assessed. If the equipment, such as a tunnel boring machine, are used and it is likely that ground-borne noise will affect NSRs, the assessment methodology/ model for ground-borne noise shall be agreed with the Director prior to obtaining the empirical parameters required in the ground-borne noise model.

(f) If the unmitigated construction noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including but not limited to movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks), particularly at open-cut areas and tunnel portals, to minimize the noise impacts. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given and must be the absolute minimum.

(g) The Applicant shall formulate a reasonable construction programme as far as practicable such that no work will be required in the restricted hours as defined under the Noise Control Ordinance (NCO). In case the Applicant needs to evaluate whether construction works during restricted hours as defined under the NCO are feasible or not in the context of programming construction works, 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 Construction Noise Permit (CNP) applications, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/ situations of adjoining land uses and any previous complaints against construction activities at the site before making his decision in granting a CNP. This should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.

3.3.3.7 Operational Noise Assessment:

(a) The Applicant shall assess the impacts during the operational phase of the proposed railway/APM and the associated facilities, including 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 issued under the EIAO. The assessment methodology including the railway/ train/APM design noise level shall be agreed with the Director prior to the commencement of the assessment.

(b) For ground-borne noise impact, the criteria and assessment methodology shall be agreed 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 Project and the railways in the vicinity, including the existing KCRC East Rail, the future KCR Tai Wai to Ma On Shan Railway, Kowloon Southern Link, KCR Tsim Sha Tsui Extension and Shatin to Central Link (North South Railway Corridor). Site measurement at appropriate locations may be required in order to obtain the empirical input parameters required in the ground-borne noise model.

(c) In assessing the noise level, the Applicant shall allow for a deterioration in rail, rolling stock and APM condition from brand new to an operating level and shall address the worst case scenario, taking into account any other planned noise sources. Noise contours for the maximum Leq(30min), Leq(24hr), and Lmax during the day and at night shall be presented on plans of suitable scales showing the identified NSRs at various representative floor levels (in mPD). 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 and other sensitive elements that will be exposed to levels above the relevant planning criteria and statutory limits.

(d) The Applicant shall make recommendations for noise amelioration/ direct technical remedies for any existing or planned NSRs which would be subject to predicted cumulative noise level in excess of the relevant planning criteria or statutory limits in the appropriate design year. A manual detailing the schedule of maintaining/capping the wheel/rail noise to suit the design specification shall be provided.

(e) In case where a number of the NSRs cannot all be protected by the recommended noise amelioration/direct technical remedies, the Applicant shall consider alternatives to reduce the noise impact.

3.3.3.8If the Project includes any fixed noise sources, such as ventilation systems, the following assessment shall be followed. Kai Tak Maintenance Centre should be included into the assessment:

(a)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 the 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 noises sources proposed for the Project (such as the ventilation shafts) and other existing and planned noise sources shall also be assessed.

(b)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 mPD) on tables and plans of suitable scale. A quantitative assessment at the NSRs for the proposed fixed noise sources shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

(c)Proposal for Noise Mitigation Measures – To protect the affected NSRs, the Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise levels exceed the criteria set out in Table 1A of Annex 5 of the TM.

3.3.3.9 The Applicant shall identify, assess and propose means to minimize any side effects of mitigation measures and to resolve any potential constraints due to the inclusion of the recommended direct technical remedies.

3.3.3.10Evaluation of Impact on Planned Noise Sensitive Developments/Land Uses:

(a) 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 boundary and shall make recommendations on how these noise sensitive uses should be designed for the information of relevant parties.

(b) The Applicant shall take into account the agreed environmental requirements/constraints identified by the study to assess the development potential of the concerned sites, and shall make such information known to the relevant parties.

3.3.3.11 The EIA Report shall cover but not be limited to the following:

(i)Phasing and sequencing of construction activities and the likely noise impacts on the sensitive receivers. The following are the key areas of concerns:

(b)Impact to Hin Keng Estate due to the construction of the at-grade section near Hin Keng Portal;

(d)Associated impacts from tunnel construction including the operation of tunnel boring machine (TBM) or equivalent, and drill and blast construction; and

(e) Works areas for rock crushing, barging, storage and concrete batching.

(ii) The air-borne operational noise impacts arising from:

(a) The railway/APM noise impacts to the sensitive receivers arising from the operation of the railway/APM, including the noise from the aboveground and tunnel sections, and the cumulative effects of the proposed railway/APM with the existing KCRC East Rail and the future KCR Tai Wai to Ma On Shan Railway, Kowloon Southern Link, KCR Tsim Sha Tsui Extension and Shatin to Central Link (North South Railway Corridor); and

(b)The fixed source noise impact due to the operation of the Kai Tak Maintenance Centre, depots, ventilation buildings and other facilities associated with the operation of the railway/APM.

3.3.4 Water Quality Impact

3.3.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as set out in Annexes 6 and 14 of the TM, respectively.

3.3.4.2The EIA report shall cover the following:

(a) The water quality impacts of the site run-off generated during the construction stage, including but not limited to the effluents generated from dewatering associated with piling activities, grouting, concrete washing and dewatering of spoil from the tunnel boring operations;

(b) The water quality impacts of the track runoff containing oil/grease and suspended solids during the operational stage;

(d) The water quality impacts of the cooling water discharge from air-conditioning systems of the stations. For cooling water discharge outside Victoria Harbour, especially if adoption of once-through type of cooling system with large amount of cooling discharge, the assessment methodology and modelling specifications should be agreed with EPD;

(e) The water quality impacts on the identified water systems and water sensitive receivers due to sewage derived from both the construction and operational stages of the project;

(f) The water quality impact for construction and operation of rail tunnels in water gathering grounds and adjacent to existing water tunnels; and

(g) The loss of water due to tunnelling works at close proximity to existing water tunnels.

3.3.4.3 The study area shall be within 300m from either side and along the full length of the project boundary. This study area may be extended to include other areas being impacted such as stream courses and the associated water systems in the vicinity.

3.3.4.4 The Applicant shall identify and analyse all physical, chemical and biological disruptions of marine or fresh water, stormwater drainage system and coastal water arising from the construction and operation of the Project.

3.3.4.5 The Applicant shall take into account and include likely different construction stages or sequences, and different operational stages of the Project in the assessment. The assessment shall have regard to the frequency, duration, volume and flow rate of discharges and their pollutant and sediment loading. The assessment shall address the following:

(a) Collection and review of background information on the existing and planned water system(s) and sensitive receivers which may be affected by the Project during construction and operation;

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

(c) 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. 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;

(d) 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 (a) and (c) above;

(e) Review of the construction sequences and methods, and operation of the Project to identify any alteration of natural stream, change of groundwater levels and change of catchment types or areas;

(f) Identification and quantification of all existing and likely future water and sediment pollution sources and loading. 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 tests, as appropriate, shall be conducted to fill relevant information gaps;

(g) Assessment of the cumulative impacts due to other related concurrent and planned projects, activities or pollution sources along the identified water system(s) and water sensitive receivers, that may have a bearing on the environmental acceptability of the Project, and

(h) The Applicant shall devise mitigation measures to avoid or minimize the impacts identified above. 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.

3.3.5 Waste Management and Dredging, Filling and Dumping Implications

3.3.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing the waste management implications of the Project as set out in Annexes 7 and 15 of the TM, respectively.

3.3.5.2 The EIA report shall cover the following :

(a) The quantity, quality and timing of the wastes arising as a result of the construction and operational activities, based on the sequence and duration of these activities;

(b) The consideration of the opportunities for reducing waste generation and for 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, such as by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered;

(c) Having taken into account all the opportunities for reducing waste generation and maximising reuse, the Applicant shall estimate the types and quantities of the wastes required to be disposed of as a consequence, and shall describe the disposal options for each type of waste in detail, including contaminated and uncontaminated mud from any dredging operations, and inert construction and demolition material including rock. The disposal method recommended for each type of waste shall take into account the result of the assessment set out below. The EIA report shall state clearly the agreed disposal outlets for the wastes identified.An auditing system, for example a Trip-ticket system for monitoring the proper disposal of construction and demolition material at public filling facilities and landfills should be proposed.; and

(d) The impact caused by handling (including labelling, packaging and storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures proposed, including in particular the potential impacts associated with disposal of spoil to a designated area during the tunnel construction. This assessment shall cover potential hazard, air and odour emission, noise, wastewater discharge, and public transport.

3.3.5.3For dredging (if any), filling and dumping operations, the applicant shall identify and quantify all dredging (including the excavation of marine sediment underlying the reclamation in Hung Hom Wan), fill extraction, filling, mud/sediment transportation and disposal activities and requirements. Potential fill sources and dumping grounds 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, and chemical and biological laboratory test methods to be used shall be subject to the approval of the Director. The categories of sediments which are to be disposed of in accordance with a permit granted under the DASO shall be identified by both chemical and biological tests and their quantities estimated. If the presence of any seriously contaminated sediment which requires special treatment or disposal is confirmed, the Applicant shall identify the most appropriate treatment and/or disposal arrangement and demonstrate its feasibility.

3.3.6 Land and Contamination Impact

3.3.6.1The Applicant shall identify all land lots/sites within the study area boundary which, due to 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 (including accident records, change of land use and so forth) should be provided. The list of potential contaminants which are anticipated to be found in these potential contaminated sites shall be provided and the possible remediation options shall be discussed.

3.3.6.2For any potential contaminated sites identified, the Applicant shall prepare a Contamination Assessment Plan (CAP) and confirm the environmental acceptability and the feasibility of remediation measures 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 contamination of the sites. Potential contaminated sites shall cover, but are not limited to, Tai Hom Village site, the fuel storage areas located within the former Kai Tak Airport which are not included in the North Apron Kai Tak Airport decommissioning project, Former flatted factories at Tai Hom Village, Ma Tau Kok Gas Production Plant, former dockyards located between Baker Street and Hung Hom South Road, former gas works located on the Green Wood residential estate adjacent to Hutchison Park and north of Dyer Avenue, former power station located on the Laguna Verde residential estate, and any petrol filling stations along the alignment of the project.

3.3.7 Hazard assessment

3.3.7.1The Applicant shall follow the criteria and guidelines for evaluating and assessing hazard to life as set out in Annex 4 and 22 of the TM. The hazard assessment shall cover the additional population inside the Consultation Zone of Sha Tin Water Treatment Works, and the safety impact to the Ma Tau Kok Gas Production Plant and associated gas facilities, as well as Towngas Beacon Hill North Offtake Station for both the construction and operational stages of the railway. The hazard assessment shall include the following:

(a) Identification of all hazardous scenarios associated with on site transport, storage and use of chlorine as given in the ‘Reassessment of Chlorine Hazard for Eight Existing Water Treatment Works: Hazard Assessment for Sha Tin Water Treatment Works’ commissioned by Water Supplies Department;

(b) Execution of a Quantitative Risk Assessment for the Ma Tau Kok Gas Production Plant and its associated gas facilities with a view to determine off-site individual and societal risks due to the presence of the proposed railway system and station;

(c) Execution of a Quantitative Risk Assessment to determine risks to the construction workers and the railway passengers in both individual and societal terms;

(d) Comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM, to determine the acceptability of the assessed risk;

(e) Identification and assessment of practicable and cost effective risk mitigation measures to demonstrate the compliance with the Risk Guidelines; and

(f) The methodology of the hazard assessment shall be agreed and approved by the Director prior to commencing the detailed studies;

(g) Identification and execute a quantitative assessment of all risks associated with the construction and operation of the proposed railway system in the vicinity of the Towngas Beacon Hill North Offtake Station; and

(h) Identification and assessment of practicable and cost effective measures to mitigate risks associated with the construction and operation of the proposed railway system in the vicinity of the Towngas Beacon Hill North Offtake Station;

(i) Identification and assessment of all hazardous scenarios associated with the construction of the proposed railway system in the vicinity of intermediate pressure towngas pipeline at To Kwa Wan, and the assessment results should be taken into consideration in the process of selecting recommended construction methods as described in section 3.2(iii) of this EIA Study Brief; and

(j) Identification and assessment of practicable and cost effective measures to mitigate hazards associated with the construction of the proposed railway system in the vicinity of intermediate pressure towngas pipeline at To Kwa Wan.

3.3.7.2 If there is overnight storage of explosives on the construction site, and the storage location is in close proximity to populated areas and/or Potentially Hazardous Installation site(s), the Applicant shall follow the criteria and guidelines for evaluating hazard to life as stated in Annexes 4 and 22 of the TM. The hazard assessment shall cover the construction stage and shall include the following in the assessment:

(a) Identification of all hazardous scenarios within the boundaries of the construction site during the transport, storage and use of explosives for blasting operations;

(b) Execution of a Quantitative Risk Assessment to determine risks to the surrounding population in both individual and societal terms;

(c) Comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM, to determine the acceptability of the assessed risk;

(d) Identification and assessment of practicable and cost effective risk mitigation measures to demonstrate the compliance with the Risk Guidelines; and

(e) The methodology of hazard assessment shall be agreed and approved by the Director prior to commencing the detailed studies.

3.3.8 Impact on Declared Monument and Sites of Cultural Heritage

3.3.8.1The Applicant shall follow the criteria and guidelines for evaluating and assessing impacts on sites of cultural heritage as set out in Annexes 10 and 19 of the Technical Memorandum, respectively. The study area shall be within 500m from either side along the full length of the project boundary.

3.3.8.2 The Applicant shall conduct a baseline study to identify and compile a comprehensive inventory of potential sites of cultural and heritage importance. Special attention shall also be paid to the historical buildings, structures and archaeological sites in the vicinity of the project including but not limited to the following:

(a) Kai Tak Archaeological Site, Kowloon Fort Archaeological Site, Longjin Bridge Archaeological Site, Wong Tai Sin Temple, Chi Lin Nunnery, Chuk Yuen Village and Kwun Yum Temple;

(b) The heritage sites including but not limited to Section 3.2.7 of the Project Profile submitted for this application.

3.3.8.3 The cultural heritage impact assessment shall include the following

(a) Establishment of a comprehensive inventory of these sites including relics, historic buildings, structures and graves within or in close proximity to the project area that might have the potential to be affected by the Project. Plans showing the location of both the proposed work areas and all sites of cultural and heritage importance identified are required;

(b) Demonstration that disturbance, including access, to these buildings is avoided 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 relevant time period shall also be included in the EIA report;

(c) To illustrate the landscape and visual impacts of a project, as well as effects of the mitigation measures, choice of appropriate presentation methods is important. Appropriate methods can include photo-retouching and photomontage. These methods shall be used extensively to facilitate communication among the concerned parties; and

(d) In the event that supplementary studies are needed and agreed by the Director, the Applicant can draw necessary reference to Annex I “Criteria for Cultural Heritage Impact Assessment” attached to this Study Brief.

3.3.9 Landscape and Visual Impact

3.3.9.1The Applicant shall follow the criteria and guidelines as stated in relevant annexes of the Technical Memorandum and in EIA Ordinance Guidance Note No. 8/2002 (these guidelines can be downloaded from the website at http://www.info.gov.hk/epd)for evaluating and assessing landscape and visual impacts. Both construction and operational impacts shall be assessed.

3.3.9.2The assessment area for the landscape impact assessment shall include all areas within 100m from the works limit of the Project.

3.3.9.3The assessment area for the visual impact assessment should be up to the visual envelope (zone of visual influence) which is generally the viewshed formed by natural/man-made features such as ridgelines or building blocks. The defined visual envelope must be shown on a plan.

3.3.9.4The Applicant shall assess the landscape and visual impact of the project, in particular from the at-grade/elevated running line section/track/APM, all the above ground structures including Hung Hom Mass Transportation Centre (for any above ground and exposed structures), Kai Tak Maintenance Centre, station buildings, ventilation buildings, vent shafts, viaducts, construction shafts, tunnel portals, works areas, emergency access point building, noise mitigation measures (such as full and partial enclosures, cantilevered noise barriers and other types of noise barriers), cut and cover tunnel boxes, and so forth, and in the areas which will likely be affected by these sections/structures including those identified in Section 4.1.5 of the Project Profile as well as the impacts on open space, recreational and amenity areas, and those arising from tree felling due to temporary and permanent works.

3.3.9.5The Applicant shall review relevant Master Development Plans, Outline Concept Plans, Preliminary Outline Development Plans, Recommended Outline Zoning Plans, Layout Plans, other published land use plans, planning briefs and studies and recommended open space, amenity and green belt designations. Any guidelines on landscape strategies, landscape framework, urban design concepts, 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 the surrounding settings. Any conflict with published land use plan(s) should be highlighted and appropriate follow-up action should be recommended.

3.3.9.6The Applicant shall describe, appraise, analyze and evaluate the existing and planned landscape resources and character of the assessment area. A system shall be derived for judging landscape and visual impact significance as required under the TM. Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape character areas and landscape resources and mapping of impact assessment should be extensively used to present the findings of impact assessment. Descriptive text should provide a concise and reasoned judgement from a landscape and visual point of view. The assessment shall be particularly focused on the sensitivity of the landscape framework and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the project with the existing and planned landscape settings. Clear mapping of the landscape impact is required. A tree survey shall be carried out and the impacts on existing mature trees and in particular Champion trees shall be addressed.

3.3.9.7The 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 the visual envelope of the proposed project within the assessment area;

(ii) Identification of the key groups of sensitive receivers within the visual envelope and their views at both ground/sea levels and elevated vantage points;

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

(iv) Description of the severity of visual impacts in terms of nature, distance and number of sensitive receivers. Nighttime glare shall be considered in the assessment. 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.

3.3.9.8Alternative alignment, design and construction methods that would avoid or reduce the identified landscape and visual impacts shall 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 and visual quality. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.

3.3.9.9The mitigation measures shall include preservation of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, compensatory planting, provisioning and re-provisioning of open spaces and amenity areas, design of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing and committed/planned land uses. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operational phase of the project. A practical programme and funding proposal for the implementation of the recommended measures shall be provided.

3.3.9.10Annotated 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 to the satisfaction of the Director. 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.

3.3.10 Ecological Impact

3.3.10.1The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM, respectively during the construction and operational phases.

3.3.10.2 The assessment area for the purpose of terrestrial ecological assessment shall include all areas within 500 m from either side and along the above-ground section of the site boundary of the works areas (mainly the section from Tai Wai station to Hin Keng tunnel portal and ventilation building) of the Project, or any other above-ground areas likely impacted by the Project. For aquatic (freshwater) ecology, the study area shall be the same as the water quality impact assessment or the area likely to be impacted by the Project.

3.3.10.3In the ecological assessment, the Applicant shall examine the flora, fauna and other components of the ecological habitats within the assessment area. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the Project shall avoid impacts on ecological sensitive areas e.g. natural woodland and stream course. The assessment shall identify and quantify as far as possible the potential ecological impacts to the natural environment and the associated wildlife arising from the proposed project, including the impacts of any haul roads, temporary work sites and access. The assessment shall cover impacts on woodland, plantation, natural stream course, country park and any other important habitats from the railway or from its construction.

3.3.10.4 The assessment shall include the following:

(i) A review of the findings of relevant studies and collating all the available information regarding the ecological characters of the assessment area;

(ii) Evaluation of the information collated and identification of any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;

(iii) Carrying out the necessary ecological field surveys for a duration of at least 4 months including the wet season, and investigations to verify the information collected, fill in information gaps identified and fulfill objectives of the EIA study;

(iv) Establishment of the general ecological profile of the assessment area and description of the characteristics of the habitats found. Major information to be provided shall include:

(a) description of the physical environment, including all sites of conservation importance (e.g. country park) and assess whether these sites will be affected by the proposed project or not;

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

(c) ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, inter-dependence of the habitats and species as well as the presence of any features of ecological importance;

(d) representative colour photos of each habitat type and any important ecological features identified;

(e) investigate and describe the existing wildlife uses of various habitats with special attention to those wildlife groups and habitats with conservation interests, including country park, woodland, plantation, natural stream course and other habitats and wildlife groups identified as having special conservation interests by the study;

(f) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation for wildlife/habitats or red data book.

(v) Investigation and description of the existing wildlife uses of the various habitats with special attention to those wildlife groups and habitats with conservation interests, including but not limited to natural stream course, woodland, herpetofauna and avifauna;

(vi) Using suitable methodology, identification and quantification as far as possible any direct, indirect, on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity and habitat fragmentation;

(vii) Evaluation of the significance and acceptability of the ecological impacts identified using well-defined criteria;

(viii) Recommendations for all possible alternatives, such as modifications of layout and design and practicable mitigation measures to avoid, minimize, and/or compensate for the adverse ecological impacts identified;

(ix) Evaluation of the feasibility and effectiveness of the recommended mitigation measures and definition of the scope, type, location, implementation arrangement, resources requirement, subsequent management and maintenance of such measures;

(x) Deterioration of environmental qualities (e.g. water quality) and the subsequent impacts to the biological communities;

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

(xii) Review of the need for and recommendation for any ecological monitoring programme required.

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

4.1 The Applicant shall define the scope of the EM&A requirements for the project in the EIA study.

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

4.3 The Applicant shall prepare a project implementation schedule (in the form of a check list) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

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

5. DURATION OF VALIDITY

5.1 If the EIA study does not commence within 36 months after the date of issue of this EIA Study Brief, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM which stipulates the guidelines for the review of an EIA report.

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

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

(i)40 copies of the EIA report in English and 80 copies of the executive summary (each bilingual in both English and Chinese) as required under Section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report;

(ii)When necessary, addendum to the EIA report and the executive summary submitted in (i) aboveas required under Section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection; and

(iii)20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under Section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

6.4 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.

6.5 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 and any addenda to the EIA Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 6.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA report and the executive summary 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.

6.6 The electronic copies of the EIA report and the executive summary shall be submitted to the Director at the time of application for approval of the EIA Report.

6.7 When the EIA report and the executive summary are made available for public inspection under Section 7(1) of the EIA Ordinance, the content of the electronic copies of the EIA report and the executive summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

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

6.9 To facilitate public involvement in the EIA process, the applicant shall produce 3-dimensional electronic visualisations of the major findings and elements of the EIA report, including baseline environmental information, the environmental situations with or without the Project, extent of mitigated and unmitigated environmental impacts (e.g. operational noise contour), and key recommended environmental mitigation measures for viaducts, railway sections, structures and related buildings, key sensitive receivers, Tsz Wan Shan and Whampoa APM systems, Works sites, areas of ecological importance, Declared Monuments and sites of Cultural Heritage so that the public can understand the Project and the associated environmental issues. The visualisations shall be based on the EIA report and released for public access. The visualisations shall be submitted in CD-ROM in commonly readable formats or other suitable means agreed with the Director. Unless otherwise advised or agreed by the Director, copies of the CD-ROM shall be the same as the number of EIA reports required under Section 6.3.

7. OTHER PROCEDURAL REQUIREMENTS

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

7.2 If there is any key change in the scope of the project mentioned in Section 1 of this EIA Study Brief and in the Project Profile (No.PP 212/2004), 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 on 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 new EIA study brief.

Annex I

Criteria for Cultural Heritage Impact Assessment

(1) Baseline Study

1.1 A baseline study shall be conducted :

(a) To compile a comprehensive inventory of archaeological sites (including marine archaeological sites), historic buildings and structures within the proposed project area, which include :

(i)All sites of archaeological interest (including marine archaeological sites);

(ii)All pre-1950 buildings and structures;

(iii)Selected post-1950 buildings and structures of high architectural and historical significance and interest; and

(iv)Landscape features include sites of historical events or providing a significant historical record or a setting for buildings or monuments of architectural or archaeological importance, historic field patterns, tracks and fish ponds and cultural element such as fung shui woodlands and clan graves.

(b) To identify the direct and indirect impacts on the site of cultural heritage at the planning stage in order to avoid causing any negative effects. The impacts include the direct loss, destruction or disturbance of an element of cultural heritage, impact in its settings causing impinge on its character through inappropriate sitting or design, potential damage to the physical fabric of archaeological remains, historic buildings or historic landscapes through air pollution, change of water-table, vibration, recreation pressure and ecological damage by the development. The impacts listed are merely to illustrate the range of potential impacts and not intended to be exhaustive.

1.2 The baseline study shall also include a desk-top study and a field survey.

1.3 Desk-top Research

1.3.1 Desk-top searches should be conducted to analyse, collect and collate extant information. They include :

(a)Search of the list of declared monuments protected by the Antiquities and Monuments Ordinance (Chapter 53).

(b)Search of the list of deemed monuments through the Antiquities and Monuments Office (AMO) of the Leisure and Cultural Services Department.

(c)Search of the list of sites of cultural heritage identified by the AMO.

(d)Search of publications on local historical, architectural, anthropological, archaeological and other cultural studies, such as, Journals of the Royal Asiatic Society (Hong Kong Branch), Journals of the Hong Kong Archaeological society, Antiquities and Monuments Office Monograph Series and so forth.

(e)Search of other unpublished papers, records, archival and historical documents through public libraries, archives, and the tertiary institutions, such as the Hong Kong Collection and libraries of the Department of Architecture of the University of Hong Kong and the Chinese University of Hong Kong, Public Records Office, photographic library of the Information Services Department and so forth.

(f)Search of any other unpublished archaeological investigation and excavation reports kept by the AMO.

(g)Search of historical documents in the Public Records Office, the Land Registry, District Lands Office, District Office and the Hong Kong Museum of History and so forth.

(h)Search of cartographic and pictorial documents. Maps of the recent past searched in the Maps and Aerial Photo Library of the Lands Department.

(i)Study of existing Geotechnical information (for archaeological desk-top research).

(j)Discussion with local informants.

1.4 Field Evaluation

1.4.1 The potential value of the development site with regard to the cultural heritage could be established easily where the site is well-documented. However, it does not mean that the site is devoid of interest if it lacks information. In these instances, a site visit combined with discussions with appropriate individuals or organisations should be conducted by those with expertise in the area of cultural heritage to clarify the position.

1.4.2Historic buildings and structures survey

(a)Field scan of all the historic buildings and structures within the project area.

(b)Photographic recording of each historic building or structure including the exterior (the elevations of all faces of the building premises, the roof, close up for the special architectural details) and the interior (special architectural details), if possible, as well as the surroundings of each historic building or structure.

(c)Interview with local elders and other informants on the local historical, architectural, anthropological and other cultural information related to the historic buildings and structures.

(d)Architectural appraisal of the historic buildings and structures.

1.4.3Archaeological Survey

The following methods of field evaluation should be applied to assess the archaeological potential of the project area :

(a)Definition of areas of natural land undisturbed in the recent past.

(b)Field scan of the natural land undisturbed in the recent past in detail with special attention paid to areas of exposed soil which were searched for artifacts.

(c)Conduct systematic auger survey/shovel testing at 20m interval to establish the horizontal spread of cultural materials deposits.

(d) Excavation of test pits to establish the vertical sequence of cultural materials. The hand digging of 1 x 1m or 1.5 x 1.5m test pits to determine the presence or absence of deeper archaeological deposits and their cultural history.

1.4.4 If the field evaluation identifies any additional sites of cultural heritage within the study area which are of potential historic or archaeological importance and not recorded by AMO, the office should be reported as soon as possible. The historic and archaeological value of the items will be further assessed by the AMO.

1.5 The Report of Baseline Study

1.5.1 The study report should have concrete evidence to show that the process of the above desk-top and field survey has been satisfactorily completed. This should take the form of a detailed inventory of the sites of cultural heritage supported by full description of their cultural significance. The description should contain detailed geographical, historical, archaeological, architectural, anthropological, ethnographic and other cultural data supplemented with illustrations below the photographic and cartographic records.

1.5.2Historic Buildings and Structures

(a) A map in 1:1000 scale showing the boundary of each historic building or structure.

(b) Photographic records of each historic building or structure.

(c)Detailed record of each historic building or structure including its construction year, previous and present uses, architectural characteristics, as well as legends, historic persons and events, and cultural activities associated with the structure.

1.5.3Archaeological Sites

(a)A map showing the boundary of each archaeological site as supported and delineated by field walking, auguring and test-pitting;

(b)Drawing of stratigraphic section of test-pits excavated which shows the cultural sequence of a site.

1.5.4 A full bibliography and the source of information consulted should be provided to assist the evaluation of the quality of the evidence. It is expected that the study and result are up to an internationally accepted academic and professional standard.

(2) Impact Assessment

2.1 Culture heritage impact assessment must be undertaken to identify the impacts of the sites of cultural heritage which will be affected by the proposed development subject to the result of desktop research and field evaluation. The prediction of impacts and an evaluation of their significance must be undertaken by an expert in cultural heritage. During the assessment, both the direct impacts such as loss or damage of important features as well as indirect impacts such as change of water table levels which may affect the preservation of the archaeological and built heritage in situ should be stated. A detailed description and plans should be provided to elaborate to what extent the site of cultural heritage will be affected.

2.2 Preservation in totality must be taken as the first priority. Please refer to paragraph 4.3.1(c), item 2 of Annex 10, items 2.6 to 2.9 of Annex 19 and other relevant parts of the Technical Memorandum on Environmental Impact Assessment Process for the detailed requirements of the impact assessment.

(3) Mitigation Measures

3.1 It is always a good practice to recognise the site or monument early in the planning stage and site selection process, and to avoid it, i.e. preserve it in-situ, or leaving a buffer zone around the site. Built heritage, sites and landscapes are to be in favour of preservation unless it can be shown that there is a need for a particular development which is of paramount importance and outweighs the significance of the heritage feature.

3.2 If avoidance of the cultural heritage is not possible, amelioration can be achieved by reduction of the potential impacts and the preservation of heritage features, such as physically relocating it. Measures like amendments of the sitting, screening and revision of the detailed design of the development are required to lessen its degree of exposure if it causes visual intrusion to the cultural heritage and affecting its character.

3.3 All the assessments should be conducted by an expert in cultural heritage and further evaluated and endorsed by the Antiquities and Monuments Office and the Antiquities Advisory Board.

3.4 Besides referring to paragraph 4.3.1(d), items 2.10 to 2.14 of Annex 19 and other relevant parts of the Technical Memorandum, proposals for mitigation measures should be accompanied with a master layout plan together with all detailed treatment, elevations, and landscape plan. A rescue programme, when required, may involve preservation of the historic building or structure together with the relics inside, and its historic environment through relocation, detailed cartographic and photographic survey or preservation of an archaeological site “by record”, i.e. through excavation to extract the maximum data as the very last resort.

3.5 The programme for implementation of agreed mitigation measures should be able to be implemented. It is to be clearly stated in the EIA report, as required in Annex 20 of the Technical Memorandum. In particular, item 6.7 of Annex 20 requires to define and list out clearly the proposed mitigation measures to be implemented, by whom, when, where, to what requirements and the various implementation responsibilities. A comprehensive plan and programme for the protection and conservation of the partially preserved Site of Cultural Heritage, if any, during the planning and design stage of the proposed project must be detailed.

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