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

Environmental Impact Assessment Study Brief No. ESB-077/2001

Project Title: Drainage Improvement in Sha Tin and Tai Po

Name of Applicant: Drainage Services Department
(hereinafter known as the "Applicant")

1. BACKGROUND

1.1 An application (No. ESB-077/2001) 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 5 June 2001 with a Project Profile (No. PP-133/2001) on the captioned project.

1.2 To upgrade the flood protection level and to reduce the risk of flooding during heavy rainstorms in the low-lying areas of Sha Tin and Tai Po, the Applicant proposes to construct drainage channels of about 5 km long, to upgrade the stormwater drainage systems and to construct floodwall and two floodwater pumping stations in these areas. Part of the proposed works of the captioned project are Designated Projects under the EIAO by virtue of I.1 of the Schedule 2, Part I of the EIAO. The Project Profile covers 13 designated projects comprising the construction and operation of drainage channels or river training and diversion works which discharges or discharges into an area which is less than 300 m from the nearest boundary of an existing site of special scientific interest, site of cultural heritage, coastal protection area and conservation area. The Designated Projects described in the Project Profile (No. PP-133/2001) are:-

(i) Drainage channel improvement to She Shan River (DP-1);
(ii) Drainage channel improvement to Tai Po River (DP-2);
(iii) Drainage channel improvement to Kwun Hang River (DP-3);
(iv) Stormwater drainage improvement at Tai Po Road - Yuen Chau Tsai (DP-4);
(v) Stormwater drainage improvement at Tai Po Market (DP-5);
(vi) Construction of floodwater pumping station at Tai Po Market (DP-6);
(vii) Construction of parapet wall at Lam Tsuen River (DP-7);
(viii) Construction of flap valves at outfalls at Lam Tsuen River (DP-8);
(ix) Construction of cross road drain at Care Village (DP-9);
(x) Construction of floodwall along Tung Tsz Road, Shuen Wan (DP-10);
(xi) Construction of floodwater pumping station at Shuen Wan (DP-11);
(xii) Construction of cross road drain at Po Sam Pai (DP-12); and
(xiii) Construction of cross road drain at Shuen Wan (DP-13).

Annex B attached to the Project Profile indicates the locations of the above Designated Projects.

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 which covers the designated projects listed in section 1.2 (i) to (xiii) above.

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:

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

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

(ii) to identify and describe the elements of the community and environment likely to be affected by each of the designated projects and/or likely to cause adverse impacts to the designated projects, 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 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 and damage to flora, fauna and wildlife habitats;

(vi) to identify any potential landscape and visual impacts and determine the significance of impacts on sensitive receivers;

(vii) to identify any potential impacts to the historical, archaeological and cultural resources and propose measures to mitigate these impacts;

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

(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 designated projects 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 proposed designated projects which are necessary to mitigate these environmental impacts and reducing 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 consider alternatives with a view to avoiding or minimizing the potential environmental impacts to the site of special scientific interest, the conservation area, the coastal protection area, the site of cultural heritage and other sensitive uses, and to compare the environmental benefits and dis-benefits of each of the different options and to provide reasons for selecting a preferred option and to describe the part environmental factors played in the selection.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the EIA Process of the EIAO (hereinafter referred to as the TM) are fully complied with.

3.2 The Scope

The scope of this EIA study covers the designated projects (DP-1 to DP-13) listed in section 1.2 (i) to (xiii) above. The EIA study shall address the likely key issues described below; together with any key issues identified during the course of the EIA study.

(i) the potential impacts on the sites of special scientific interest (SSSI), the conservation areas (CA) and the coastal protection areas (CPA) including She Shan Fung Shui SSSI and CA, Shuen Wan Egrety SSSI, Ting Kok mangrove SSSI, CA and CPA at Shuen Wan and CPA at Kwun Hang;

(ii) the potential noise and dust impacts to sensitive receivers during the construction phases, in particular at areas near the village houses and residential blocks;

(iii) the potential aquatic and terrestrial ecological impacts arising from the construction works, including removal of vegetation and disturbance to animals;

(iv) the potential impacts on water quality and marine ecology from the discharge of stormwater into the coastal waters during construction and operation phases,

(v) the potential impacts on downstream flushing capacity in the stormwater pipeline system of urban area during the construction and operation phases;

(vi) the potential landscape and visual impacts arising from the removal of vegetation and the cutting of slope at the river channels. In addition, appropriate landscape treatment shall also be provided to enhance the amenity value of the area; and

(vii) the potential impacts on the cultural heritage sites, in particular Man Mo Temple in Tai Po Market, old KCRC Tai Po Station at Tai Po Market, the pottery kiln at Wun Yiu, the Island House at Yuen Chau Tsai and the She Shan Tsuen archaeological site, likely to be affected by the construction works.

3.3 Consideration of Alternatives Drainage Design and Construction Methods

3.3.1 Consideration of Different Drainage Improvement Alignment Options, Alternative locations of Stormwater Drains and Alternative Discharge Points

Apart from the alignments and locations proposed in the Project Profile, the Applicant shall consider different feasible options including alternative alignment on channel improvements and alternative locations of stormwater drains and their discharge points. A comparison of the environmental benefits and dis-benefits of possible drainage improvement alignment options, locations of the stormwater drains and the discharge points and any desilting devices minimising uncontrolled sediment discharge into the sea shall be made.

3.3.2 Consideration of Alternative Construction Methods

Having regard to the cumulative effects of the construction period and the severity of the construction impacts to the affected sensitive receivers along the drainage channels and the stormwater drains, the EIA study shall also explore alternative construction methods for the designated projects with a view to avoiding adverse environmental impacts to the maximum practicable extent. A comparison of the environmental benefits and dis-benefits of applying different construction methods shall be made. The applicant shall take into account of the environmental implications of potential flooding at downstream areas at wet seasons during construction phases in the comparison.

3.3.3 Taking into the comparison in sections 3.3.1 and 3.3.2 above, the Applicant shall recommend and justify the adoption of an alignment or location that will avoid or minimise adverse environmental effects.

3.4 Technical Requirements

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

3.4.1 Air Quality Impact

3.4.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM respectively.

3.4.1.2 The assessment area for the air quality impact assessment shall generally be defined by a distance of 500 m from the boundary of the designated project works sites, yet it may be extended depending on the circumstances and the scale of the designated project.

3.4.1.3 The Applicant shall assess the air pollutant concentrations in accordance with the latest set of Guidelines for Local-Scale Air Quality Assessment Using Models issued by the Environmental Protection Department, HKSAR (ref. EPD's home page under items for Air - http://www.info.gov.hk/epd) or other methods as approved by the Director.

3.4.1.4 The air quality assessment shall include the following:

Background and analysis of activities

(i) Provide background information relating to air quality issues relevant to the project, e.g. description of the types of activities of each designated project.

(ii) Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of each designated project to abate the air pollution impact. That is, the Applicant shall consider alternative construction methods/phasing programmes to minimize the constructional air quality impact, e.g. use of marine access routes for transportation of construction materials to avoid dust impact on air sensitive receivers due to haul road transport during construction.

(iii) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional air quality impacts.

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

(iv) Identify and describe representative existing and planned/committed ASRs that would likely be affected by each designated project. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact point on 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.

(v) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the designated projects. Examples of construction stage emission sources include stock piling, blasting, concrete batching and vehicular movements on unpaved haul roads on site and so forth. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction materials handled) shall be obtained from the relevant government/authorities and documented.

Constructional Dust Impact

(vi) 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 section 1 of Annex 4 of the TM. A monitoring and audit program during the construction stage shall be implemented to verify the effectiveness of the control measures and to ensure that the construction dust levels are brought under control.

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

Quantitative Assessment Methodology

(viii) The Applicant shall apply the general principles enunciated in the modeling guidelines while making allowance for the specific characteristic of the project. This specific methodology must be documented to such level of detail (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants for input to the modeling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. Prior agreement of the general methodology between the Applicant and the Director is required.

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

(x) The Applicant shall calculate the cumulative air quality impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted 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 for determining buffer distances required.

Mitigating Measures for Non-compliance

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

Submission of Model Files

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

3.4.2 Noise Impact

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

3.4.2.2 The noise impact assessment shall include the following:

(i) Determination of Assessment Area

The "Assessment Area" for the noise impact assessment shall include all areas within 300 m from each designated project boundary. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300 m from the project boundary, provides acoustic shielding to those receivers further from the site.

(ii) Provision of Background Information and Existing Noise Levels

The Applicant shall provide all background information relevant to the designated projects, including relevant previous or current studies. Unless necessary for planning standards, it will not be necessary to investigate the existing noise levels.

(iii) Identification of Noise Sensitive Receivers

(a) 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 and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans and other published plans, including any land use and development applications approved by Town Planning Board. For planned noise sensitive land uses without committed layouts, the Applicant shall work out indicative site layouts based on the relevant planning parameters.

(b) 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.

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

The Applicant shall provide an inventory of noise sources including construction equipment for construction noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

(v) Construction Noise Assessment

(a) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of each designated 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.

(b) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be explored and recommended as far as practicable. In case blasting cannot be avoided, it should be carried out, as far as practicable, outside the sensitive hours of 7 p.m. to 7 a.m. on Monday to Saturday and any time on a general holiday, including Sunday. For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate. For tunneling, noise impact (including air-borne noise and structure noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machine/ raise boring machine or equivalent, shall be assessed.

(c) If the unmitigated construction noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

(d) The Applicant shall confirm whether construction work during restricted hours is required. If affirmative, the Applicant shall evaluate whether construction works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming construction works. Reference shall be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process the Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.

3.4.3 Water Quality Impact

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

3.4.3.2 The assessment area for the water quality impact assessment shall include all areas within 5 km from the designated project boundary, including the Fish Culture Zones at Yim Tin Tsai and Yim Tin Tsai (East). This study area could be extended to include other areas such as stream courses and the associated water system in the vicinity being impacted during the course of the EIA study if found justifiable.

3.4.3.3 The Applicant shall identify and analyze all physical, chemical and biological disruptions of marine, fresh water or ground water system(s), catchment area(s), stormwater pipeline and coastal water arising from the construction and operation of the designated projects.

3.4.3.4 The Applicant shall include (1) the construction phase impacts on water quality at the site; and (2) the operational phase impacts on water quality at downstream of the site due to the natural process of siltation, flows and water velocity, and re-suspensions of sediments. Essentially, the assessment shall address the following:

(i) Collection and review of background information on the existing and planned water systems and their respective catchments and sensitive receivers which might be affected by the project during construction and operation;

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

(iii) Identification and analysis of all existing and planned future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers. The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans;

(iv) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in (i) above;

(v) Review the specific construction methods and configurations, and operation of the project. Identification of any alteration of existing water courses, natural streams/ponds, shoreline or bathymetry, flow regimes, ground water levels and catchment types or areas;

(vi) Identification, analysis and quantification of all existing, likely future water and sediment pollution sources, including point discharges and non-point sources to surface water runoff and analyze these in relation to the provision and adequacy of future facilities to reduce such pollution in terms of capacity and levels of treatment; evaluation and quantification through appropriate site investigation and tests to the pollution loading intercepted by the project and discharged to the marine waters in Tolo Harbour; evaluation and quantification of the flows and pollution loads collected and discharged into the existing and planned downstream water courses and drainage systems before and after operation of the project;

(vii) Establishment and provision of a pollution load inventory on the quantities and characteristics of all existing and likely future water pollution sources identified above. Field investigation and laboratory tests shall be conducted as appropriate to fill in any major information gaps;

(viii) Cumulative impacts due to other projects, activities or pollution sources within a boundary of 300 m from both sides along the identified water system(s) and sensitive receivers shall be identified and assessed;

(ix) Assessment and evaluation of any potential water quality impacts on the identified water system(s), respective catchments and sensitive receivers due to sewage arising from the construction stage. Any effluent generated will require appropriate collection, treatment and disposal to within standards and objectives and criteria established in (iv) above;

(x) Assessment and evaluation of any potential stormwater and construction runoff impacts on the water system(s), respective catchments and sensitive receivers during construction stages as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in (iv) above. Best management practices shall be recommended to reduce any potential impacts arising from stormwater runoff during both construction and operation phases;

(xi) Establishment of the erosion control plan during construction as per assessment carried out in point (x) above. This erosion control plan shall incorporate details such as locations, sizes and types of best management practices, which will be used to reduce stormwater pollution arising from construction works;

(xii) Should dredging be required, the Applicant shall evaluate and quantify the possible impacts arising from the dredging works. The Applicant shall identify clearly the nature, extent and rate of the dredging works, and the volume of sediment disturbed. Appropriate laboratory tests such as elutriate tests (USACE) and sediment pore water (interstitial water) analyses shall be performed on the sediment samples to simulate and quantify the degree of mobilization of various contaminants such as metals, ammonia, trace organic contaminants such as PCBs, PAHs, TBT and chlorinated pesticides into the water column during dredging. Suitable mud dredging disposal methods shall be recommended to reduce any adverse effects found;

(xiii) In case of small scale dredging works and with the prior written approval by the Director, the Applicant shall assess the potential increase in turbidity and suspended solids levels in the water column due to disturbance of marine sediments during dredging. The potential for release of contaminants during dredging shall also be addressed using the chemical testing results derived from sediment samples collected on site and relevant historic data;

(xiv) In case of large scale dredging works, the Applicant in addition to the above assessment shall conduct a full scale mathematical modelling which include simulating situation during various construction phases and upon completion of dredging, assessing both the local and global effects on flow regime, erosion and sediment pattern and water quality due to the interim and ultimate alteration of shoreline and bathymetry as a result of dredging marine sediment. The modelling assessment shall take into account the additional pollution loadings and oxygen demand exerted by sediment disturbed and any fill materials. The mathematical modelling requirements are set out in Annex I attached to this study brief;

(xv) The Applicant shall identify whether the discharge of runoff in Tolo Harbour during the operation phases will give rise to adverse impacts on water quality in accordance with the TM. If there are any adverse impacts identified, assessment shall be conducted using mathematical models as required in Annex I attached to this study brief. The Applicant shall evaluate any water quality impacts, including changes in sediment erosion or deposition pattern, downstream salinity profile and effect on aquatic organisms. This assessment shall have regard for the frequency, duration, volume and flow rate of the discharge and its pollutant and sediment load;

Waste Water and Non-point Sources Pollution

(xvi) Proposals for effective and practicable infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during the construction and operation stages to reduce the water quality impacts to within acceptable levels of standards. Requirements to be incorporated in the project contract document shall also be proposed;

(xvii) Best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate. Attention shall be made to the water quality control and mitigation measures recommended in the ProPECC Note PN1/94 entitled "Construction Site Drainage";

(xviii) Evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water quality criteria, standards or guidelines.

Protection of Water Gathering Grounds

(xix) The Applicant shall assess both the short-term and long term impacts of the designated projects on the water gathering grounds, in particular the contamination to Lam Tsuen River which is an essential source of raw water supply to Tai Po Tau Treatment Works.

(xx) The Applicant shall assess the potential loss of yield due to the construction and operation of the designated projects.

(xxi) The Applicant shall provide an emergency contingency plan for the construction and operation phase of the designated projects to contain and remove all accidental spillage along roads at short notice and to prevent and or to minimize the quantities of contaminants from reaching water gathering grounds.

3.4.4 Waste Management Implications

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

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

(i) Analysis of Activities and Waste Generation

Identification of the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities;

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation and on-site or off-site re-use shall be fully evaluated. Measures which can be taken in the planning and design stages e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered;

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

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

- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge; and
- public transport.

3.4.5 Ecological Impact (Both Terrestrial and Aquatic)

3.4.5.1 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. The assessment area for the purpose of terrestrial ecological assessment shall include all areas within 500 m distance from the designated project site boundary of the land based works areas as shown in Annex B of the project profile, or the area likely to be impacted by the designated projects. For aquatic ecology, the assessment area shall be the same as for water quality assessment described in Section 3.4.3.2.

3.4.5.2 In the ecological impact 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. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the designated projects, including the impacts of any haul roads and temporary access. The potential impact on water quality and marine ecology from the discharge of stormwater into the coastal waters during the operational phase shall also be addressed.

3.4.5.3 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 collected 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 field surveys (the duration of which shall be at least four-season and shall cover 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;

(iv) Establishing the general ecological profile and describing the characteristics of each habitat found; major information to be provided shall include:

(a) Description of the physical environment;

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

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

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

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

(v) Investigation and description of the existing wildlife uses of relevant habitats with special attention to those wildlife groups and habitats of conservation interest; including country parks, special areas, sites of special scientific interest, mangrove stands, wetlands, natural stream courses, rivers, woodlands and shrublands; vertebrates, macroinvertebrates, and any other habitats and wildlife groups identified as having special conservation interests by this EIA study;

(vi) Description of all recognized sites of conservation importance in the proposed development site and its vicinity and assessment of whether these sites will be affected by the proposed development or not;

(vii) Using suitable methodology, identification and quantification as far as possible of 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, habitat fragmentation; and in particular the following;

(a) the habitat loss and disturbance to wildlife during the construction stage,

(b) operational impacts on wildlife through periodic storm discharges at the portal;

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

(ix) Recommendations for all possible alternatives, such as modifications of route alignment, layout and design and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified, such as reinstatement of habitats temporarily affected by the proposed development to its original state and if possible with some enhancement features;

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

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

(xii) Evaluation the severity and acceptability of the residual ecological impacts using well-defined criteria; and

(xiii) A review of the need for and recommendation for any ecological monitoring programme required.

3.4.6 Landscape and Visual Impact (For Designated Projects DP-1, DP-2, DP-3, DP-4, DP-10 and DP-11 only)

3.4.6.1 The Applicant shall carry out landscape and visual impact assessment for the designated projects DP-1, DP-2, DP-3, DP-4, DP-10 and DP-11 to assess both the construction and operation impacts. The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM, respectively for evaluating and assessing landscape and visual impacts of the designated projects.

3.4.6.2 The assessment area for landscape impact assessment shall include, all areas within a 300m distance from the designated projects while the assessment area for the visual impact assessment shall be defined by the visual envelope of the designated project.

3.4.6.3 The Applicant shall review relevant outline development plan(s), outline zoning plan(s), layout plan(s) or planning briefs and studies which may identify areas of high landscape value and recommend green belt and conservation area designations. 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 setting. Any conflict with statutory town plan(s) should be highlighted and appropriate follow-up action should be recommended.

3.4.6.4 The Applicant shall describe, appraise, analyse and evaluate the existing landscape resources and character of the assessment area. A system should be derived for judging landscape and visual impact significance as required under the TM. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the designated projects with the existing and planned landscape setting. The landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the proposed development. Clear mapping of landscape impact is required. A tree survey shall be carried out and the impacts on existing mature trees shall be assessed.

3.4.6.5 The Applicant shall assess the visual impacts of the designated projects. Clear mapping of visual impact is required. The assessment shall include the following:

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

(ii) identification of the key groups of sensitive receivers within the visual envelope with regard to views from both ground level, sea level and elevated vantage points;

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

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

3.4.6.6 The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape. In addition, alternative design that would avoid or reduce the landscape and visual impact 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. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.

3.4.6.7 The mitigation measures shall also include the preservation of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, design of structures, provision of finishes to studies, colour scheme and texture of material used and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the project. A practical programme and funding proposal for implementation of the recommended measures shall be provided.

3.4.6.8 Colour perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, and photomontage shall be adopted to illustrate the landscape and visual impacts of the designated projects. The Applicant shall record the technical details in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustration.

3.4.7 Impact on Cultural Heritage (For Designated Projects DP-1, DP-2, DP-5, DP-6, DP-7 and DP-8 only)

3.4.7.1 The Applicant shall carry out cultural heritage impact assessment for the designated projects DP-1, DP-2, DP-5, DP-6, DP-7 and DP-8. The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM, respectively.

3.4.7.2 The cultural heritage impact assessment information shall include the following:

(i) The Applicant shall identify all sites of cultural heritage that might be adversely affected by the impacts due to vibration associated with the construction activities of the designated projects. The inventory shall include pre-1950 buildings and structures, post-1950 buildings and structure of high architectural and historical significance, and historic landscape features (e.g. sites of historical events, sites providing a significant historical record, a setting for buildings/ monuments of architectural/archaeological importance, historic field patterns, tracks, fish ponds and cultural elements (i.e. fung shui woodlands and clan graves).

(ii) The Applicant shall assess the extent to which those sites of cultural heritage might be directly and indirectly affected and recommend possible alternatives (such as modification of layout and design of the project) and practicable monitoring and mitigation measures to be agreed with the Director to avoid or keep the adverse impacts on the site of cultural heritage to the minimum. Besides, a checklist including all the affected sites of cultural heritage, impacts identified, recommended mitigation measures as well as the implementation agent and period shall also be included in the EIA report.

(iii) In case where the sources of information prove to be inadequate or where the proposed project area has not been adequately studied before, field surveys and site investigations shall be conducted to assemble the necessary data. Regarding the assessment study on cultural heritage, it should be conducted by qualified persons with proven records related to archaeological and historical building research works in Hong Kong.

(iv) The information of all the identified archaeological sites, historic buildings and structures including their ownership, historical background, 1:1000 scale location plans, photographs and the like together with the nearby work areas shall be provided. Special attention shall be paid to the historic buildings and structures in the vicinity of the project including the following four Declared Monuments.

(v) In the event that supplementary studies are needed and are agreed by the Director, the Applicant can draw necessary reference to Annex II on the "Criteria for Cultural Heritage Impact Assessment" and "Requirements of Built Heritage Impact Assessment (BHIA)".

3.4.8 Fisheries Impact

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

3.4.8.2 The assessment area shall include the Fish Culture Zones at Yim Tin Tsai and Yim Tin Tsai (East).

3.4.8.3 The study shall review and collate existing information to provide adequate and accurate data for prediction and evaluation of impacts of the designated projects on capture and culture fisheries.

3.4.8.4 The fisheries impact assessment shall include the following major tasks:

(i) Description of the physical environmental background;

(ii) Description and quantification of the existing fisheries activities;

(iii) Description and quantification of the existing fisheries resources;

(iv) Identification of parameters and areas that are important of fisheries;

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

(vi) Evaluation of impacts and proposals for any practical alternatives or mitigation measures to prevent or minimize adverse impacts on fisheries; and

(vii) A review of the need for and recommendations of any fisheries monitoring and audit programme required.

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

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the designated projects and, if affirmative, to 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. The Applicant shall also propose real-time reporting of monitoring data for the Project through a dedicated internet website.

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

5. SUMMARY OF ENVIRONMENTAL OUTCOMES

5.1 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, and environmental benefits of environmental protection measures recommended.

6. DURATION OF VALIDITY

6.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

7. REPORT REQUIREMENTS

7.1 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.

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

(i) 50 copies of the EIA report in English and 80 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.

(ii) when necessary, any addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.

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

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

7.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the Applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF) version 4.0 or later), unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlinks to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.

7.4 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.

7.5 When the EIA Report and the Executive Summary are made available for public inspection under section 7(1) of the EIAO, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most up to date electronic copies.

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

8. OTHER PROCEDURAL REQUIREMENTS

8.1 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.

8.2 If there is any key change in the scope of the project mentioned in section 1.2 of this EIA study brief and in Project Profile (No. PP-133/2001), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.

--- END OF EIA STUDY BRIEF ---

July 2001
Environmental Assessment and Noise Division
Environmental Protection Department

Annex I
Water Quality Modelling Requirements

Modelling Software - General

1. The modelling software shall be fully 3-dimensional capable of accurately simulating the stratified condition, salinity transport, and effect of wind and tide within the model area.

2. The modelling software shall consist of hydrodynamic and particle dispersion modules. The hydrodynamic module shall have been proven with successful applications locally and overseas.

3. The hydrodynamic module shall be strictly mass conserved at all levels.

Model Details - Calibration & Validation

4. No field data collection is required for model calibration for this study. However, the models shall be properly calibrated and validated before its use in this study in the marine water in the Tolo Harbour and Channel Water Control Zone defined under the Water Pollution Control Ordinance (WPCO) with the field data collected by:

5. Tidal data shall be calibrated and validated in both frequency and time domain manner.

6. For the purpose of calibration and validation, the model shall run for not less than 15 days of real sequence of tide (excluding model spin up) in both dry and wet seasons with due consideration of the time required to establish initial conditions.

7. In general the hydrodynamic models shall be calibrated to the following criteria, where appropriate:

Criteria Level of fitness with field data
tidal elevation (rms) < 8 %
maxi. phase error at HW and LW < 20 minutes
maxi. current speed deviation < 30 %
maximum phase error at peak speed < 20 minutes
maximum direction error at peak speed < 15 degrees
maximum salinity deviation < 2.5 ppt

Model Details - Simulation

8. The suspended solids model for assessing impacts of sediment loss due to marine works shall incorporate the processes of settling, deposition and erosion. Contaminant release and DO depletion during dredging and dumping shall be simulated by the model.

9. The water quality modelling results shall be qualitatively explainable, and any identifiable trend and variations in water quality shall be reproduced by the model. The water quality model shall simulate and take account of the interaction of dissolved oxygen, phytoplankton, organic and inorganic nitrogen, phosphorus, silicate, BOD, temperature, suspended solids, air-water exchange, contaminant release of dredged and disposed material, and benthic processes. It shall also simulate salinity and E. coli. Salinity results simulated by hydrodynamic models and water quality models shall be demonstrated to be consistent.

10. The models shall at least cover the Tolo Harbour and Channel Water Control Zone defined under the WPCO.

11. In general, grid size at the area affected by the project shall be less than 400 m in open waters and less than 75 m around sensitive receivers. The grid schematisation shall be agreed withthe Director. All models shall either be dynamically linked to a far field model or form part of a larger model by gradual grid refinement.

Modelling Assessment

12. Scenarios to be assessed shall cover all phases of development being considered. Corresponding bathymetry and coastline shall be adopted in the model set up.

13. The hydrodynamic model shall be able to reproduce (with proper model spin up) at least a real sequence of 15 days spring-neap tidal cycle in both dry season and wet season.

14. The results shall be assessed for compliance of Water Quality Objectives. Daily sedimentation rate shall be computed and its ecological impact shall be assessed where appropriate.

15. The impact on all sensitive receivers shall be assessed.

16. All modelling input data and results shall be submitted in digital media to the Director.

--- End Of Annex I ---

Annex II

Criteria for Cultural Heritage Impact Assessment And
Requirements of Built Heritage Impact Assessment (BHIA)

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 grave.

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 Home Affairs Bureau.

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 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 Land 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 organizations should be conducted by those with expertise in the area of cultural heritage to clarify the position.

1.4.2 Historic 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 surrounding 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.

1.4.3 Archaeological Survey

Appropriate 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 years.

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 search for artifacts.

c. Conduct systematic auger survey/shovel testing 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 1 m or 1.5 x 1.5 m 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 supplement with illustrations below and photographic and cartographic records.

1.5.2 Historic Buildings and Structures

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

b. Photographic records of teach historic building or structure.

c. Detail 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.

1.5.3 Archaeological sites

a. A map showing the boundary of each archaeological sites as supported and delineated by field walking, augering 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 the 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 Measure

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 refer 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 is 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.

Requirements of Built 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 pre-1950 buildings and structures;
(ii) selected post-1950 buildings and structures of high architectural and historical significance and interest; and
(iii) 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 grave.

b. to identify the direct and indirect impacts on the site of built 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 sites of built heritage identified by the AMO.

d. Search of publications on local historical, architectural, anthropological, and other cultural studies, such as, Journals of Royal Asiatic Society (Hong Kong Branch), 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 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.

g. Search of cartographic and pictorial documents. Maps of the recent past searched in the Maps and Aerial Photo Library of the Land Department.

h. 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 organizations should be conducted by those with expertise in the area of cultural heritage to clarify the position.

1.4.2 Historic 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 surrounding 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.

1.4.3 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 built heritage supported by full description of their cultural significance. The description should contain detailed geographical, historical, architectural, anthropological, ethnographic and other cultural data supplemented with illustrations below and photographic and cartographic records.

1.5.2 Historic 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. Detail 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.

1.5.3 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 Built heritage impact assessment must be undertaken to identify the impacts of the historic buildings and structures 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 built heritage in situ should be stated. A detailed description and plans should be provided to elaborate to what extent the site of built heritage will be affected.

(3) Mitigation Measure

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 refer 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 is historic environment through relocation, detailed cartographic and photographic survey.

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.

---- End of Annex II ----