1. BACKGROUND

1.1 An application (No. ESB-025/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 11 December 1998 with a project profile (No. PP-036/1998).

1.2 The Applicant proposes to construct a dual-3 lane expressway about 5.4 km in length linking Ngau Hom Shek to an interchange with the Yuen Long Highway and the proposed Route 10 at Lam Tei. The location of the proposed project is shown in the attached Figure 1. The project covered in the project profile is a designated project under the EIAO by virtue of Section A.1 or Q.1 of Schedule 2 under the Ordinance.

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

1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

2. the conditions and requirements for the detailed design, construction and operation of the proposed project to effectively mitigate against adverse environmental consequences wherever practicable; and

3. the acceptability of residual impacts after the proposed mitigation measures are implemented.

2.1 The objectives of the EIA study are as follows:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

2. 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;

3. to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

4. to identify and quantify any potential losses or damage to flora, fauna and wildlife habitats;

5. to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;

6. to identify and quantify any potential landscape and visual impacts;

7. to propose the provision of infrastructure or mitigation measures so as to effectively minimize pollution, environmental disturbance and nuisance during construction and operation of the proposed project;

8. 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 proposed project in relation to the sensitive receivers and potential affected uses;

9. to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the proposed project which are necessary to effectively mitigate these environmental impacts and reducing them to acceptable levels;

10. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

11. to identify constraints associated with the mitigation measures recommended in the EIA study;

12. to design and specify the environmental monitoring and audit requirements, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The purpose of this study brief is to set out the scope of the EIA study and the technical requirements and methodologies to supplement those set out in the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM). The Applicant has to demonstrate in the EIA report that the assessment criteria in the relevant sections of the TM are fully complied with.

The Scope

3.2 The scope of this EIA study covers the proposed project mentioned in section 1.2 above, including:

1. a dual-3 lane expressway about 5.4 km in length linking Ngau Hom Shek to an interchange with the Yuen Long Highway and the proposed Route 10 at Lam Tei;

2. an interchange with the Yuen Long Highway and the proposed Route 10 at Lam Tei;

3. cross boundary control facilities;

4. a northbound and a southbound vehicle holding area; and

5. associated civil, structural, geotechnical, landscape, drainage works, street lighting, traffic aids, emergency telephones, closed circuit television cameras and electrical and mechanical works.

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 technical requirements for the impacts are listed in the following Section 3.4 to 3.14.

3.4 The EIA report shall describe clearly and objectively the potential environmental impacts on each of the alignment options, as well as the likely future environmental conditions in the absence of the proposed project. The EIA report shall also describe the reasons for selecting the final preferred alignment(s), and the environmental factors considered in the selection.

3.5 Wherever practicable, cross-referencing shall be avoided in the EIA report and Executive Summary.

3.6 Air Quality Impact

3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.

3.6.2 The "Study Area" for the air quality impact assessment shall include all areas within 500m from either side of and along the full stretch of the project boundary of the proposed road alignment(s) and its associated cross-boundary facilities.

3.6.3 The air quality impact assessment shall include the following:

1. Construction Impacts

   The Applicant shall follow the requirements of the Air pollution Control (Construction Dust) Regulation in dust control and shall initiate an audit and monitoring program during constructional stage to ensure construction dust impacts are controlled within the relevant standards as stipulated in Annex 4 of the TM.

2. Operation Impacts
   1. Analysis of operational activities and its characteristics.

   2. Presentation of background air quality in the study area for the purpose of evaluating the cumulative air quality impact of the operational activities.

   3. Identification and description of representative existing air sensitive receivers (ASRs) and planned/committed air sensitive uses that would likely be affected by the air emissions of the operational activities. The locations shall be agreed with the Director and a map showing the location of every identified ASRs shall also be given.

   4. Identification of emission inventory of the air pollution sources and the respective emission characteristics

   5. Description of the assessment method and the associated assumptions, validity of the method and limits of application. The methodology used shall be agreed with the Director before commencement of study.

   6. Assessment and evaluation of the net and cumulative air quality impacts of the air emissions at the identified ASRs.

   7. Presentation of the predicted residual air quality impacts (both unmitigated and mitigated) in the form of summary tables and pollution contours, for comparison with relevant air quality standards and the examination of the land use implications of these impacts.

   8. Proposals of effective mitigation measures to reduce the net and cumulative air quality impacts to established standards.

   9. If there are any direct technical noise remedies recommended in the study, the air quality implication due to these remedies shall be assessed. For instance, if barriers are proposed, the implications of such remedies on air quality impact shall be assessed. If enclosure is proposed, then both "tunnel" portal emissions and air quality inside the "tunnel" shall also be addressed.

   10. All input and output file(s) of the model run(s) in electronic format shall form part of the EIA report.

3.7 Noise Impact

3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.

3.7.2 The "Study Area" for the noise impact assessment shall include all areas within 300m from either side of and along the full stretch of the project boundary of the proposed road alignment(s) and its associated cross-boundary facilities. The study area can be reduced accordingly if the first layer of the noise sensitive receivers (NSRs), closer than 300m from the road, can provide acoustic shielding to those receivers at further distance behind subject to the agreement with the Director.

3.7.3 The noise impact assessment shall include the following:

1. Identification of Noise Sensitive Receivers
   1. The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments, including those uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans and other published plans in relation to the Planning and Development Study on North West New Territories. For planned noise sensitive uses without committed site layouts, the Applicant should work out site layouts for operational noise assessment purpose base on relevant planning parameters.

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

2. Provision of an Emission Inventory of the Noise Sources

   The Applicant shall provide an inventory of noise sources. The inventory shall include construction equipment (for construction noise assessment) and, operation characteristics of the associated cross boundary facilities, and the road traffic data (for operational noise assessment). Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

3. Construction Noise Assessment
   1. The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the proposed project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.

   2. To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed.

   3. 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 task) to effectively minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

4. Operational Noise Assessment
   1. The Applicant shall analyse the scope of the proposed road alignment(s) to identify appropriate new and existing road sections for the purpose of traffic noise impact assessment. When an existing road section undergoes major modification which will directly result in 25% increase in lanes or substantial changes in alignment or characters (e.g. change to a high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.

   2. The Applicant shall calculate the expected road traffic noise using methods described in the TM. The Applicant shall calculate the traffic noise levels in respect of each road section and the overall noise levels from the combined road sections (both new and existing) at the NSRs.

   3. The Applicant shall present the prevailing and future traffic noise levels in L₁₀(1 hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

   4. Quantitative assessment at the NSRs for the proposed road alignment(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the Technical Memorandum. The potential noise impact of the proposed road alignment(s) shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the Technical Memorandum.

   5. After rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), the Applicant shall propose direct technical remedies in all situations where the predicted traffic noise level is 1 dB(A) in excess of the criteria set in Table 1A of Annex 5 in the TM. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs should be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies shall be provided.

   6. The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise levels above the criteria set in Table 1A of Annex 5 in the TM with the implementation of all the recommended direct technical remedies shall be quantified.

   7. In case where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements which may qualify for indirect technical remedies under the ExCo directive "Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads", the associated costs and any implications for such implementation. For the purpose of determining the eligibility of the affected premises for indirect technical remedies, reference shall be made to the set of the following three criteria:

      (g1) the predicted overall noise level from the new road together with other traffic noise in the vicinity must be above a specified noise level (e.g. 70 dB(A) for domestic premises and 65 dB(A) for education institutions, all in L₁₀(1 hr));

      (g2) the predicted overall noise level is at least 1.0 dB(A) more than the prevailing traffic noise level, i.e. the total traffic noise level existing before the works to construct the road were commenced; and

      (g3) the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0 dB(A).

5. Assessment of Side Effects and Constraints
   1. The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies. For instance, when decking over of roadways is identified to be necessary, the air quality and the increase in noise levels below the desk and at the portals shall be addressed.

   2. If noise barriers/enclosures are proposed, specific attention and precautionary measures should be taken into consideration so as not to cause any obstruction to the emergency vehicular access for existing and planned buildings as well as fire hydrants installed within/in the vicinity of the proposed road.

6. Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
   1. For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.

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

3.8 Water Pollution

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

3.8.2 The "Study Area" for the water quality impact assessment shall include all areas within 300m from either side of and along the full stretch of the project boundary of the proposed road alignment(s) and its associated cross-boundary facilities, plus any stream courses and the associated water system in the vicinity that may be affected by the development.

3.8.3 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of marine, estuarine, and fresh water systems arising from construction and operation of the proposed project.

3.8.4 The Applicant shall include the following in the water quality impact assessment:

1. collection and review of background information on the existing water systems and their respective catchment(s), and sensitive receivers which might be potentially affected by the proposed project both during construction and operation;

2. based on collected information, characterization of water and sediment quality on the surrounding water system(s) and sensitive receivers which might be potentially affected by the proposed project both during construction and operation;

3. identification of pertinent water quality objectives, criteria and standards for the water systems and all the sensitive receivers identified in (i) above;

4. identification of any alteration of any water courses, natural streams/ponds, wetlands, change of shoreline or bathometry, change of flow regimes, change of ground water levels, change of catchment types or areas;

5. identification, analysis and quantification of all existing and future water and sediment pollution sources, including point discharges and non-point sources to surface water runoff, and establishment and provision of an emission inventory on the quantities and characteristics including degree of possible contamination of all these pollution sources. Field investigation and laboratory tests shall be conducted as appropriate;

6. prediction and quantification, by technique subject to agreement of the Director, of impacts on the water systems and the sensitive receivers due to those changes, alterations and activities identified in (iv) above and the pollution sources identified in (v) above. Possible impacts include changes in hydrology, flow regime, sediment deposition, water and sediment quality and the effects on aquatic organism due to such changes. The prediction shall take into account and include possible different construction stages or sequences, and different operations stages. Cumulative impacts due to other projects, activities or pollution sources around the Study Area, subject to the agreement of the Director, shall also be predicted and quantified;

7. assessment and quantification of all future waste water generation activities and analysis on the adequacy of existing and future sewerage infrastructure;

8. identification, assessment and evaluation of any potential stormwater impacts on identified systems and sensitive receivers during both construction and operation stages. Best Management Practices (BMPs) shall be recommended to effectively reduce potential impacts to within standards, objectives and criteria identified in (iii) above;

9. assessment and evaluation of any potential water quality impacts on the identified water systems and sensitive receivers due to sewerage arising from on-site construction workforce. Any effluent generated will require appropriate treatment and disposal; and

10. appropriate mitigation measures shall be recommended to alleviate all potential impacts identified above and residual or mitigated impacts shall be predicted and in compliance with all established objectives, criteria and standards identified in (iii) above both during construction and operation of the proposed project.

3.9 Waste Management Implications

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

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

1. Analysis of Activities and Waste Generation

   The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities. If excavation and disposal of pond sediment/mud is required, field investigation, sampling and laboratory tests to characterise the sediment/mud shall be conducted as appropriate.

2. Proposal for Waste Management
   1. Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.

   2. Having taken into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in details. The disposal method recommended for each type of wastes shall take into account the result of the assessment in (c) below.

   3. The impact caused by handling (including labeling, packaging & storage), collection, and disposal of wastes shall be addressed in details. This assessment shall cover the following areas:

      (c1) potential hazard;

      (c2) air and odour emissions;

      (c3) noise;

      (c4) wastewater discharge; and

      (c5) public transport.

3.10 Land Contamination Impact

3.10.1 A land contamination impact assessment is required if potentially contaminated land uses are identified within the works area of the proposed project. Examples of such uses are stated in Section 3.1, Annex 19 of the TM. If such uses are identified, the Applicant shall follow the guidelines for assessing potential contaminated land as stated in Annex 19 of the TM.

3.10.2 The "Study Area" for the land contamination impact assessment shall include all work areas of the proposed project.

3.10.3 The Applicant shall provide a clear and detailed account of the present use of the land or project site together with a location map of the site, including the following information:

1. description of the activities,

2. inventory of chemicals and hazardous substances handled;

3. storage location of these substances; and

4. the relevant past history of the land/site in relation to possible land contamination (e.g., accident records, change of land use, etc.).

3.10.4 During the course of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the Director for endorsement prior to conducting an actual contamination impact assessment of the site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and extent of the contamination of the site.

3.10.5 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.

3.11 Ecological Impact (Both Aquatic and Terrestrial)

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

3.11.2 The "Study Area" for the ecological impact assessment shall include all areas within 500m from either side of and along the full stretch of the project boundary of the proposed road alignment(s) and the associated cross-boundary facilities.

3.11.3 In the ecological impact assessment, the Applicant shall examine the flora (including Pitcher plant, Nepenthes mirablis), 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 proposed project shall avoid impacts on recognized sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the proposed project.

3.11.4 The Applicant shall include the following in the ecological impact assessment:

1. review findings of relevant studies and collate all the available information regarding the ecological characters of the assessment area;

2. evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;

3. carry out necessary field surveys (the duration of which shall be at least 6 months and cover both the wet and dry seasons) and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;

4. establish the general ecological profile and describe the characteristics of each habitat found; information to be provided shall include :
   1. description of the physical environment;

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

   3. ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, seasonal patterns, inter-dependence of the habitats and species, and presence of any features of ecological importance;

   4. representative colour photos of each habitat type and any important ecological features identified;

   5. species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or red data books;

5. investigate and describe the existing wildlife uses of various habitats with special attention to those wildlife groups and habitats identified as having special conservation interests including:
   1. woodland;
   2. inter-tidal mudflats;
   3. freshwater marshes;
   4. birds (including Savanna Nightjar Caprimulgus affinis and Eurasian Eagle Owl Bubo Bubo); and
   5. any other wildlife groups and habitats identified as having special conservation interests by this study.
6. describe all recognized sites of conservation importance and ecological sensitive areas in the proposed development site and its vicinity and assess whether these sites will be affected by the proposed development or not;

7. using well-referenced methodology to identify and quantify any direct, indirect, on-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 and, in particular, the habitat loss and disturbance to wildlife during construction stage;

8. evaluate the significance and acceptability of the ecological impacts identified using criteria as stated in Annex 8 of the TM;

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

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

11. determine and quantify the residual ecological impacts after implementation of the proposed mitigation measures;

12. evaluate the severity and acceptability of the residual ecological impacts using criteria as stated in Annex 8 of the TM. If off-site mitigation measures are considered necessary to mitigate the residual impacts, the guidelines and requirements laid down in the PELB Technical Circular No. 1/97 shall be followed; and

13. review the need for and recommend any ecological monitoring programme required.

3.12 Fisheries Impact

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

3.12.2 The fisheries impact assessment shall cover any potential impact of the proposed project on nearby pond fisheries and oyster farms during both the construction and operational phases.

3.12.3 The fisheries impact assessment shall include the followings:

1. description of the physical environmental background;

2. description and quantification of existing fisheries activities (e.g. pond fisheries, shellfish farming/collection, etc.);

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

4. identification of parameters (e.g. water quality parameters) and areas (e.g. breeding grounds, nursery grounds, reefs) that are important to fisheries;

5. identification and quantification any direct/indirect impacts to fisheries (e.g. permanent loss/temporarily occupation of fish ponds, silting of oyster farms, loss of breeding grounds, reduction of catch/productivity);

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

7. review the need for monitoring and, if necessary, propose a monitoring and audit programme.

| Figure 1 | Annex A |

[ Go on to the next page] / [ Top Page ] / [ Main Index ] / [ Legislative Framework ]