Advisory Council on the Environment | Environmental Protection Department

Penny's Bay Reclamation Gazetting under the Foreshore and Sea-bed (Reclamations) Ordinance

ACE Paper (39/99)
For information

1. Purpose

This paper informs Members of the key findings of the Environmental Review and the proposed gazettal under the Foreshore and Sea-bed (Reclamations) Ordinance for the Penny's Bay Reclamation.

2. Background

2.1 The proposed reclamation and associated works for the Lantau Port Development Phases I and II was gazetted on 11 March 1994. The notice of authorization was gazetted on 5 May 1995. The affected area comprised approximately 1,260 hectares of foreshore and sea-bed around Penny's Bay, Lantau Island.

2.2 Previous EIA studies which were endorsed by the Advisory Council on the Environment (or the then Environmental Pollution Advisory Committee (EPCOM)) for the Lantau Port Development and are relevant to the Penny's Bay Reclamation project are summarised in Appendix A.

2.3 The Financial Secretary announced in the 1999 Budget Speech that the Government is discussing with Walt Disney Company the development of a theme park at North-East Lantau. Changes in the planning intention for North-East Lantau were then developed into proposed amendments to the Outline Zoning Plan (OZP) which were considered by the Town Planning Board on 9 July 1999, and the OZP for North-East Lantau was subsequently gazetted on 13 August 1999.

2.4 The location of the proposed theme park is within the area authorised on 5 May 1995 but with a much reduced affected area of approximately 330 hectares (ha.), i.e., about 26% of the affected area of 1,260 ha. which would be affected by the original Lantau Port Development Phases I and II (see Appendices B and C). The actual reclamation extent of the currently proposed Penny's Bay Reclamation has been reduced from about 350 ha. to about 290 ha.

3. Key Findings of the Environmental Review for Penny's Bay Reclamation

Comparison with Previous Studies

(A) Construction Dust

3.1 The volumes of dredged and fill material together with their rates of removal or placement for the current design for reclamation for the theme park are shown as follows:

	Dredge Volume Mm³	Fill Volume Mm³	Dredge Rate m³ day^-1	Fill Rate m³ day^-1
Total Volume	33.2	76.7	-	-
Peak Cumulative Rates	-	-	105,000	125,000

3.2 The peak dredging rate under the Edge Structures Design was 3.4 Mm3/month. The peak dredging rate under the current design is 3.15 Mm3/month. The total dredge volume has been reduced from 43 Mm3 under the Edge Structure Design to 33.2 Mm3 under the current design.

3.3 The peak filling rate under the Edge Structures Design was 3.96 Mm3/month. The peak filling rate is 3.75 Mm3/month under the current design. The total fill volume has been reduced from 99 Mm3 under the Edge Structure Design to 76.7 Mm3 under the current design.

3.4 The change in the material handling rates is considered marginal and it is not therefore envisaged that there will be significant change to the dust emission rates. It is considered the emission rates adopted in the Edge Structure Design and the modelling results will still be representative for the current design.

(B) Construction Noise

3.5 The cumulative sound power level (SWL) from various powered mechanical equipment (PME) to be used within one month under the current construction package has been calculated for comparison with the maximum SWL adopted in the previous EIAs. The results indicate the SWL is comparable with those of the previous studies.

(C) Water and Sediment Quality and Movement

3.6 The summary figures for the three reclamation designs, i.e., the Ancillary Works Design, the Edge Structures Design and the current design are as follows:

	Dredging			Filling
	Total Volume	Duration	Peak Rate	Total Volume	Duration	Peak Rate
	(Mm3)	(Months)	(Mm³ per month)	(Mm³)	(Months)	(Mm³ per month)
Ancillary Works	5.0	5.5	0.9	28.3	43.0	1.00
Edge Structures	43.0	27.0	3.4	99.0	25.0	3.96
Penny's Bay Reclamation	33.2	18.4	3.15	76.7	35.0	3.75

3.7 The current design showed the following improvements over the combined effect of the Ancillary Works and Edge Structures Designs;

1. 1. 30% decrease in total dredging volume
  2. 24% reduction in peak fill rate
  3. 39% reduction in fill volume
  4. reduction in changes to prevailing hydrodynamic conditions

Mitigation Proposals

(A) Construction Dust

3.8 Previous studies concluded that with the use of conventional mitigation measures, dust impacts associated with the construction works would be limited. In view of the reclamation arrangement by marine barge has remained unchanged and the material handling rate has been similar under the current design, it is anticipated that the overall level of air quality impact will be comparable with the predictions made in the Edge Structures Design at the identified Air Sensitive Receivers (ASRs) in the vicinity of the works. Dust control measures stipulated in the Air Pollution Control (Construction Dust) Regulation shall be implemented, where applicable, to reduce dust emissions and hence the associated impacts at ASRs.

(B) Construction Noise

3.9 The maximum cumulative SWL from the use of PME is calculated to be 129 dB(A) during peak construction periods, which is comparable with that of the Ancillary Works Design. It is envisaged that the unmitigated maximum noise level at NSRs at Discovery Bay and Peng Chau will comply with the relevant daytime and evening noise criterion. The dredging and filling operations to be conducted during night-time period will be comparable with the assumptions made in the Edge Structures Design, which was predicted to be within the relevant NCO criterion.

3.10 With the implementation of the recommended noise mitigation measures in the previous EIAs, it is envisaged that noise impacts at the identified NSRs will be reduced to within the relevant standard levels.

(C) Water Quality and Movement

3.11 The cumulative sediment plumes from dredging will not impinge on Ma Wan and that the Water Quality Objective for suspended solids will not be exceeded at that location as a result of the proposed Penny's Bay Reclamation work programme. Peng Chau and Discovery Bay, being 2km from the nearest dredging works, will also meet Water Quality Objectives for suspended solids.

3.12 The seawall construction will be commenced as early as possible to provide a leading edge ahead of the main reclamation. Essentially, an embayment will be formed into which fill will be pumped or bottom dumped, reducing the opportunity for fines to escape from the works.

3.13 Furthermore, works within Penny's Bay will be effectively isolated by the negligible water currents which will constrain the lateral dispersion of suspended sediments.

Fill Sources and Site for mud disposal

3.14 A marine borrow area at the East Lamma Channel, which can provide about 15 million m3 of marine sand fill, will be made available to the Contractor. A strategy for accommodating public fill in the contract works is being formulated for submission to the Public Filling Sub-committee for agreement. An outlet for accommodating public fill will be provided on site in conjunction with an off-site sorting and barging facility at Tseung Kwan O. The contractor will have to import the deficit from outside sources probably from Wailingding in the Mainland waters.

3.15 The Fill Management Committee has reserved mud disposal capacity for this project at South Cheung Chau, East Ninepins, North of Lantau and East of Tung Lung Chau for disposal of 10 million m3 uncontaminated mud. The contractor will have to make arrangements for the dispose of uncontaminated mud near the south of Wailingding (south-east of Sanmen Island) which is close to the sand source. Adequate capacity for disposal of Class C contaminated mud (about 10,000 m3) has also been reserved for this project at East Sha Chau.

Ecology

3.16 The reduction in reclamation limit and the deletion of an extensive navigation channel dredging for the current design result in a reduced impact to marine environment and ecology. The change of land use from container port to theme park development has reduced the project impacts on marine life such as the Chinese White Dolphin since there will be no requirement for extensive piling for the berths and there will be no busy marine traffic induced by port activities.

Overall Conclusions

3.17 The environmental review (ER) has focused on construction dust, construction noise, and water and sediment quality and movement based on the EIA reports endorsed by the Council for the Lantau Port Development. Results of the ER have demonstrated that the overall environmental impacts would be broadly similar to the predictions made by quantitative assessments in the previous EIA studies with improvements on certain aspects due to the elimination of cumulative impacts from the construction of the breakwater and the approaching channels, deletion of the Mega Borrow Area and reduction in the size of the reclamation.

3.18 In conclusion, the Penny's Bay Reclamation project is envisaged to create less environmental impacts when compared with the previously endorsed EIAs registered under the EIA Ordinance Section 15(1)f. Residual environmental impacts after the incorporation of the recommended mitigation measures can be controlled to within the relevant standards and guidelines for all identified sensitive receivers throughout the construction period.

4. Current Situation

4.1 As announced by the Secretary for Economic Services and the Commissioner for Tourism on 1 July 1999, the Government and Disney have made significant progress on the negotiations over the past four months. Given the complexities of the project and the need for careful consideration of the various issues, the two sides have agreed to extend the period of intensive negotiations.

4.2 Proposed amendments to the OZP for North-East Lantau were gazetted on 13 August 1999. The OZP proposes to develop the North-East Lantau as a major tourism area encompassing a theme park, resort hotels, a water recreation centre, Government/institution/community facilities, roads, rail service and associated infrastructure at the Penny's Bay Reclamation. The Islands and the Tsuen Wan Provisional District Boards (PDBs) were briefed on 4th and 5th August respectively on the proposed changes of land use to tourism and recreation for North-East Lantau and the need for gazetting of the Penny's Bay Reclamation under the Foreshore and Sea-bed (Reclamations )Ordinance. PDBs members were generally supportive of the proposed theme park development.

4.3 Subsequent to the changes in land use proposed under the North East Lantau Outline Zoning Plan, Government is in the process of publishing a gazette notice under the Foreshore and Sea-bed (Reclamations) Ordinance to reclaim approximately 282 hectares of land and construct approximately 3,500 metres of seawall, ferry piers and associated works for the proposed theme park at Penny's Bay.

4.4 A Schedule 2 EIA for the Theme Park Development which comprises the impact assessment for the construction and operation of the proposed theme park and associated facilities will be carried out shortly. Findings of the environmental review for the Penny's Bay Reclamation will be incorporated into this Theme Park EIA. It is anticipated that the EIAO procedures for the Theme Park EIA will be completed in early 2000, and another formal briefing on the findings of the EIA will be made to the Council in February 2000 together with the strategy for accommodating public fill in the contract works. Reclamation work will only commence after granting of an environmental permit under the EIAO. It is noted that the cumulative environmental impacts associated with all the proposed developments in Northeast Lantau are being considered under the Northshore Lantau Development Feasibility Study.

Attachment

Appendix A - Relevant Studies previously endorsed by ACE or the then EPCOM

Appendix B - A Comparison between the gazetting limit and affected area of the previously and currently proposed Penny's Bay Reclamation

Appendix C - Affected area of the previously proposed Penny's Bay Reclamation

Civil Engineering Department
September 1999

Appendix A

Relevant Studies previously endorsed by the ACE or the then EPCOM

1.Previous EIA studies which were endorsed by the Council (or the then EPCOM) for the Lantau Port Development and are relevant to the Penny's Bay Reclamation project are summarised as follows -

Lantau Port and Western Harbour Development Studies, Volume III EIA Report, Final Report, CED - Endorsed by the then EPCOM in June 1993.

This study gave an initial account of potential impacts and mitigation measures for the 4 phases of the Lantau Port Development and covered a large area. The current Penny's Bay Reclamation is located within the proposed CT10 and CT11 and Back-up Areas which were regarded as the Lantau Port Development Phases I and II. The air quality, noise, water quality, marine ecology and visual impacts aspects were examined for both the construction and operational stages.

Contract CE 11/93 Lantau Port Development Stage 1: Container Terminals No. 10 & 11 Ancillary Works [Design] EIA Final Report and Appendices Volume 1, 2 and 3 - Endorsed by ACE in February 1995 and comprising EIA-057/BC placed under Section 15(1)(f) of the EIA Ordinance in the Register.

This study investigated the environmental impacts (air, noise, water and ecology due to construction and operation) of the Back-up Areas and the associated road links and utilities services.

Contract CE 10/93 Lantau Port Development Stage 1, Container Terminals 10 and 11, Preliminary Design Study, CED - Endorsed by ACE in February 1995 and comprising EIA-057/BC placed under Section 15(1)(f) of the EIA Ordinance in the Register.

This study assessed the impacts due to construction and operation of the proposed CT10 and CT11. Key areas of concern were construction noise, operation noise, construction dust, construction water quality, operation water quality, waste management and visual impacts.

Contract CE 50/94 Lantau Port Development Stage 1: Design of Reclamation and Edge Structures for Container Terminals 10 and 11 and Back-up Areas EIA Final Report - Endorsed by ACE in December 1995 and comprising EIA-073/BC placed under Section 15(1)(f) of the EIA Ordinance in the Register.

This study examined the construction phase impacts (water quality, noise, air quality) of dredged and drained reclamation methods. Construction activities considered comprise dredging, placing of sandfill and moving surcharge.

2.The "Edge Structures Design" (1(d)) was endorsed by ACE at their 13th Meeting held on 20 February 1995 on the condition that a further report should be submitted by the developer, before commencement of work, to assess the residual environmental impacts arising after mitigation from the proposed work method with regard to -

the air, noise and water impact; and
the source of fill material and site for mud disposal.

3.Both fully dredged and drained reclamation scenarios were assessed in the "Ancillary Works Design" (1(b)) and the "Edge Structures Design" (1(d)). In the preparation of the Environmental Review (ER), the current design for the Penny's Bay Reclamation is compared with the drained option of the "Ancillary Works Design" and the fully dredged option of the "Edge Structures Design".

Civil Engineering Department
September 1999

2.1	The proposed reclamation and associated works for the Lantau Port Development Phases I and II was gazetted on 11 March 1994. The notice of authorization was gazetted on 5 May 1995. The affected area comprised approximately 1,260 hectares of foreshore and sea-bed around Penny's Bay, Lantau Island.
2.2	Previous EIA studies which were endorsed by the Advisory Council on the Environment (or the then Environmental Pollution Advisory Committee (EPCOM)) for the Lantau Port Development and are relevant to the Penny's Bay Reclamation project are summarised in Appendix A.
2.3	The Financial Secretary announced in the 1999 Budget Speech that the Government is discussing with Walt Disney Company the development of a theme park at North-East Lantau. Changes in the planning intention for North-East Lantau were then developed into proposed amendments to the Outline Zoning Plan (OZP) which were considered by the Town Planning Board on 9 July 1999, and the OZP for North-East Lantau was subsequently gazetted on 13 August 1999.
2.4	The location of the proposed theme park is within the area authorised on 5 May 1995 but with a much reduced affected area of approximately 330 hectares (ha.), i.e., about 26% of the affected area of 1,260 ha. which would be affected by the original Lantau Port Development Phases I and II (see Appendices B and C). The actual reclamation extent of the currently proposed Penny's Bay Reclamation has been reduced from about 350 ha. to about 290 ha.

3.2	The peak dredging rate under the Edge Structures Design was 3.4 Mm3/month. The peak dredging rate under the current design is 3.15 Mm3/month. The total dredge volume has been reduced from 43 Mm3 under the Edge Structure Design to 33.2 Mm3 under the current design.
3.3	The peak filling rate under the Edge Structures Design was 3.96 Mm3/month. The peak filling rate is 3.75 Mm3/month under the current design. The total fill volume has been reduced from 99 Mm3 under the Edge Structure Design to 76.7 Mm3 under the current design.
3.4	The change in the material handling rates is considered marginal and it is not therefore envisaged that there will be significant change to the dust emission rates. It is considered the emission rates adopted in the Edge Structure Design and the modelling results will still be representative for the current design.

3.11	The cumulative sediment plumes from dredging will not impinge on Ma Wan and that the Water Quality Objective for suspended solids will not be exceeded at that location as a result of the proposed Penny's Bay Reclamation work programme. Peng Chau and Discovery Bay, being 2km from the nearest dredging works, will also meet Water Quality Objectives for suspended solids.
3.12	The seawall construction will be commenced as early as possible to provide a leading edge ahead of the main reclamation. Essentially, an embayment will be formed into which fill will be pumped or bottom dumped, reducing the opportunity for fines to escape from the works.
3.13	Furthermore, works within Penny's Bay will be effectively isolated by the negligible water currents which will constrain the lateral dispersion of suspended sediments.

4.1	As announced by the Secretary for Economic Services and the Commissioner for Tourism on 1 July 1999, the Government and Disney have made significant progress on the negotiations over the past four months. Given the complexities of the project and the need for careful consideration of the various issues, the two sides have agreed to extend the period of intensive negotiations.
4.2	Proposed amendments to the OZP for North-East Lantau were gazetted on 13 August 1999. The OZP proposes to develop the North-East Lantau as a major tourism area encompassing a theme park, resort hotels, a water recreation centre, Government/institution/community facilities, roads, rail service and associated infrastructure at the Penny's Bay Reclamation. The Islands and the Tsuen Wan Provisional District Boards (PDBs) were briefed on 4th and 5th August respectively on the proposed changes of land use to tourism and recreation for North-East Lantau and the need for gazetting of the Penny's Bay Reclamation under the Foreshore and Sea-bed (Reclamations )Ordinance. PDBs members were generally supportive of the proposed theme park development.
4.3	Subsequent to the changes in land use proposed under the North East Lantau Outline Zoning Plan, Government is in the process of publishing a gazette notice under the Foreshore and Sea-bed (Reclamations) Ordinance to reclaim approximately 282 hectares of land and construct approximately 3,500 metres of seawall, ferry piers and associated works for the proposed theme park at Penny's Bay.
4.4	A Schedule 2 EIA for the Theme Park Development which comprises the impact assessment for the construction and operation of the proposed theme park and associated facilities will be carried out shortly. Findings of the environmental review for the Penny's Bay Reclamation will be incorporated into this Theme Park EIA. It is anticipated that the EIAO procedures for the Theme Park EIA will be completed in early 2000, and another formal briefing on the findings of the EIA will be made to the Council in February 2000 together with the strategy for accommodating public fill in the contract works. Reclamation work will only commence after granting of an environmental permit under the EIAO. It is noted that the cumulative environmental impacts associated with all the proposed developments in Northeast Lantau are being considered under the Northshore Lantau Development Feasibility Study.