Environmental Impact Assessment Ordinance (Cap. 499),
Section 5(7)
Environmental Impact Assessment Study Brief No. ESB-109/2003
Project Title : Proposed Submarine Pipeline System from Tuen Mun
to Tung Chung and Associated Offtake and Pigging Station at Chek Lap Kok
(hereinafter known as the "Project")
Name of Applicant : The Hong Kong and China Gas Company Limited
(hereinafter known as the "Applicant")
1. BACKGROUND
1.1 An application (No. ESB-109/2003) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 19 September 2003 with a project profile (No. PP-199/2003) (the Project Profile).
1.2 The proposed Project is to construct and operate a gas supply pipeline system from Tuen Mun to Chek Lap Kok and Tung Chung. The site location is shown in Figure 1.1 in the Project Profile, reproduced in Appendix A. The proposed Project will comprise the following :-
(i) 500 mm diameter steel gas pipeline from Tuen Mun to Chek Lap Kok Island. The length of submarine part and land part is about 9 km and 0.5 km respectively;
(ii) an offtake and pigging station at Chek Lap Kok Island;
(iii) 500 mm diameter steel gas pipeline across Tung Chung Channel. The length of the crossing is about 0.4 km; and
(iv) a fibre optic cable to be placed next to the gas pipeline.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the Project and related activities that take place concurrently. This information will contribute to decisions by the Director on:
(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project;
(ii) the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows :
(i) to describe the Project and associated works together with the requirements for carrying out the Project;
(ii) to identify and describe the elements of the community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including both the natural and man-made environment and the associated environmental constraints;
(iii) to describe the considerations given in selecting the proposed site, layout, design (including the installation method of the submarine gas pipeline), and to provide reasons for selecting the preferred option and to describe the part environmental factors played in the selection process;
(iv) to identify and quantify any potential losses or damage to fisheries resources, marine ecology and natural habitats and to propose measures to mitigate these impacts;
(v) to identify and quantify water quality impact on nearby waters arising from construction and operation of the Project;
(vi) to identify and quantify waste management requirements and propose measures to mitigate or prevent impacts;
(vii) to identify the negative impacts on any sites of cultural heritage and to propose measures to mitigation these impacts;
(viii) to evaluate the potential fuel gas hazards during operation of the Project and to propose measures to mitigate the impacts;
(ix) to identify and quantify noise impacts on sensitive receivers during construction of the Project;
(x) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(xi) to identify the negative impacts and propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;
(xii) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;
(xiii) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction and operation phases of the Project in relation to the sensitive receivers and potential affected uses;
(xiv) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the Project which are necessary to mitigate these environmental impacts and cumulative effects and reduce them to acceptable levels;
(xv) to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and
(xvi) to design and specify the environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
The purpose of this study brief is to scope the key issues of the EIA study and to specify the environmental issues that are required to be reviewed and assessed in the EIA report. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as “the TM”) are fully complied with.
3.2 The Scope
The scope of this EIA study shall cover the Project proposed in the Project Profile and shall include the works and facilities mentioned in Section 1.2 above. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study and the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed, planned and known potential developments including the proposed Hong Kong-Zhuhai-Macao Bridge Hong Kong Section and North Lantau Highway Connection (as detailed in Project Profile No. PP-201/2003), existing Contaminated Mud Disposal at East Sha Chau, the proposed New Contaminated Mud Marine Disposal Facility at Airport East and East Sha Chau Area (as detailed in Project Profile No. PP-157/2001), the proposed International Exhibition Centre on Airport Island, the proposed 9-hole golf course on Airport Island, the proposed Backfilling of Marine Borrow Pits at North of the Brothers, Butterfly Beach, Butterfly Beach Park, the Coastal Protection Area along the south-eastern coast of the Airport Island, the Sites of Special Scientific Interest at San Tau Beach and Tai Ho Stream in the vicinity of the Project:
(i) the potential impacts to the marine ecology and fisheries during the construction and operation of the Project, especially the Chinese White Dolphin habitat and the ecological sensitive areas including the Sha Chau and Lung Kwu Chau Marine Park, and fisheries sensitive areas including the Artificial Reef deployed within Airport Exclusion Zone 3 and the Ma Wan Fish Culture Zone;
(ii) the potential water quality impact on nearby waters arising from the construction of gas pipelines, including trench dredging and backfilling works and laying of submarine pipelines;
(iii) the management of waste arising from the construction of the Project;
(iv) the potential impacts on cultural heritage during the construction of the Project; and
(v) the potential hazard associated with the handling of fuel gas during the operation of the Project, in particular for people in Butterfly Bay including Melody Garden, Richland Garden, Butterfly Estate and the Promenade in Tuen Mun;
(vi) the potential noise impacts to sensitive receivers along the coastal areas of Tuen Mun and Lantau during construction of the Project; and
(vii) the potential air quality impacts on nearby sensitive receivers arising from construction of the Project.
3.3 Consideration of Alternative Alignment Options and Construction Methods
When preparing the EIA report in accordance with the technical requirements below and the TM, the Applicant shall include in the EIA report the following considerations in sub-sections 3.3.1 to 3.3.3.
3.3.1 Consideration of Different Alignment Options
Apart from the proposed alignment corridor indicated in the Project Profile, the Applicant shall consider other feasible alignment options for the Project with a view to avoiding or minimizing the potential environmental impacts of the Project, especially the potential impacts onto water quality, the knock-on effects to the habitats of Chinese White Dolphins and the Sha Chau and Lung Kwu Chau Marine Park and the environmental impacts arising from the associated marine traffic. Moreover, when area(s) of cultural heritage importance may be identified during the MAI, as required in sub-section 3.4.5.2 below, fine-tuning of the alignment or re-routing may be needed to avoid environmental impacts on any of the identified area(s) of cultural heritage importance. A comparison of the environmental benefits and dis-benefits of the possible alignment options shall be made with a view to recommending the preferred option to avoid adverse environmental effects to the maximum practicable extent.
3.3.2 Consideration of Alternative Construction Methods and Sequences of Works
Having regard to the cumulative effects of the construction period and the severity of the construction impacts to the affected sensitive receivers, the EIA study shall explore alternative installation methods (including those indicated in the Project Profile, i.e. Bottom Pull Method, Lay Barge Method, Jetting Installation Method, Pipe Laying with Cofferdam and other possible methods to be investigated during the course of the EIA study) and sequences of works for the Project, with a view to avoiding prolonged adverse environmental impacts to the maximum practicable extent. A comparison of the environmental benefits and dis-benefits of applying different installation methods and sequence of works shall be made.
3.3.3 Selection of Preferred Scenario
Taking into the comparisons in sub-sections 3.3.1 and 3.3.2 above, the Applicant shall recommend/justify the selection of the preferred scenario that will avoid or minimize adverse environmental effects arising from the Project, and adequately describe the part that environmental factors played in arriving at the final selection.
3.4 Technical Requirements
The Applicant shall conduct the EIA study to address all environmental aspects as described in Sections 3.1, 3.2 and 3.3 above. The EIA study shall include the following technical requirements on specific impacts. The Applicant shall include in the EIA report details of the construction programme.
3.4.1 Ecological Impact (Aquatic)
3.4.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM, respectively.
3.4.1.2 The assessment area for the purpose of this ecological impact assessment shall be the same as the assessment area for Water Quality Impact Assessment, or the area likely to be impacted by the Project.
3.4.1.3 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. In particular, the Project shall avoid impacts on recognized sites of conservation importance (e.g., Country or Marine Parks, Sites of Special Scientific Interest) and other ecological sensitive areas. The assessment shall identify and quantify the potential ecological impacts associated with the Project.
3.4.1.4 The assessment shall include the following major tasks:
(i) review the findings of relevant studies and collate the available information regarding the ecological characters of the assessment area;
(ii) evaluate information collected and identify any information gap relating to the assessment of potential ecological impacts to coastal and aquatic environment;
(iii) carry out necessary field surveys which shall cover the wet season, the duration of which shall be at least four months, and investigations to verify the information collected, fill the information gaps identified and fulfil the objectives of the EIA study;
(iv) establish the general ecological profile and describe the characteristics of each habitat found; major information to be provided shall include :
(a) description of the physical environment;
(b) habitat maps of suitable scale showing the types and locations of habitats in the assessment area;
(c) ecological characteristics of each habitat type such as size, vegetation and/or substrate type, species present, dominant species found, species diversity and abundance, community structure, seasonal patterns, inter-dependence of the habitats and species, and presence of any features of ecological importance;
(d) representative colour photos of each habitat type and any important ecological features identified;
(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife / habitats or red data books;
(v) investigate and describe the existing wildlife uses of various habitats with special attention to:-
(a) the Chinese White Dolphin, Sousa chinensis; and
(b) any other habitats and wildlife groups identified as having special conservation interest by the study.
(vi) describe recognized sites of conservation importance in the assessment area, in particular, the Sha Chau and Lung Kwu Chau Marine Park, and assess whether these sites will be affected by the Project or not;
(vii) using suitable methodology, 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 and breeding grounds, reduction of ecological carrying capacity and habitat fragmentation.;
(viii) identification of ecological sensitive receivers including sensitive elements of marine, subtidal, and intertidal communities/habitats which would be potentially affected directly or indirectly by the Project. The Sha Chau and Lung Kwu Chau Marine Park and the Chinese White Dolphin (Sousa chinensis) shall be included as major sensitive receivers;
(ix) evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;
Assessment of Impacts on Chinese White Dolphins
(x) review and incorporate the findings of relevant studies including the previous dolphins studies, in particular the "Population Biology of the Indo-Pacific Hump-backed Dolphin in Hong Kong Waters" (Wildlife Monograph No. 144, page 1-65, published in October 2000), and collate the available information regarding the ecological characters of the assessment area;
(xi) evaluate the information collected and identify any information gap relating to the assessment of potential impacts on the Chinese White Dolphins;
(xii) carry out necessary field surveys and investigations to verify the information collected, fill the information gaps identified, if any, and to fulfil the objectives of the EIA study;
(xiii) present relevant survey findings including previous surveys conducted in relevant studies together with surveys carried out under this study;
(xiv) assess the water quality and consequent ecological impacts on the Chinese White Dolphins, especially during the construction and operational phases. The significance and acceptability of the predicted changes shall be evaluated using well-defined criteria;
(xv) assess the cumulative impacts of any nearby development including the Hong Kong-Zhuhai-Macao Bridge Hong Kong Section and North Lantau Highway Connection, Contaminated Mud Disposal at East Sha Chau, New Contaminated Mud Marine Disposal Facility at Airport East and East Sha Chau Area, International Exhibition Centre on Airport Island, 9-hole golf course on Airport Island and Backfilling of Marine Borrow Pits at North of the Brothers, on the dolphins;
(xvi) identify precautionary and mitigatory measures for protection of the Chinese White Dolphins. The proposed measures may include, but need not be limited to, those recommended in previous EIA studies and dolphins studies, such as ecological monitoring on the dolphins.
Ecological Mitigation
(xvii) consider, evaluate and recommend possible alternatives and practicable mitigation measures to avoid, minimize, and/or compensate for the adverse ecological impacts identified.
(xviii) 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;
(xix) determine and quantify the residual ecological impacts after implementation of the proposed mitigation measures;
(xx) evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria. If off-site mitigation measures are considered necessary to mitigate the residual impacts, the guidelines and requirements laid down in the PELB Technical Circular No. 1/97 shall be followed; and
(xxi) review and recommend any ecological monitoring programme required.
3.4.2 Fisheries Impact
3.4.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM.
3.4.2.2 The assessment area for fisheries impact assessment shall be the same as for water quality assessment described in Section 3.4.3.2 or any areas likely to be impacted by the project. Special attention shall be given to the Artificial Reef deployed within Airport Restricted Area 3 within the assessment area and the Ma Wan fish culture zone.
3.4.2.3 The assessment shall cover any potential impact on both capture and culture fisheries, during the construction and operation phase. Existing information regarding the study area shall be reviewed. Based on the review results, the study shall identify data gap and determine if there is any need for field surveys. If field surveys are considered necessary, the study shall recommend appropriate methodology, duration and timing for the field surveys.
3.4.2.4 The fisheries impact assessment shall include the following tasks:
(i)Description of the physical environmental background;
(ii) Description and quantification of the existing capture and culture fisheries activities;
(iii) Description and quantification of the existing fisheries resources (e.g. major fisheries products and stocks);
(iv) Identification of parameters (e.g. water quality parameters) and areas that will be affected;
(v) Identification and quantification of any direct/indirect and onsite/offsite impacts of fisheries;
(vi) Evaluation of impacts and make recommendations for any environmental mitigation measures with details on justification, description of scope and programme, feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the proposals; and
(vii) Review the need for monitoring and, if necessary, recommend a monitoring and auditing programme.
3.4.3 Water Quality Impact
3.4.3.1The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM respectively.
3.4.3.2The study area for this water quality assessment shall cover water bodies and sensitive receivers within the North Western Water Control Zone including the existing sea water intake for the Tuen Mun Salt Water Pumping Station and the proposed sea water intake for the salt water pumping station at Tung Chung as shown in Appendix A. The Applicant shall identify the sensitive receivers within the study area.
3.4.3.3 The Applicant shall identify and analyse physical, chemical and biological disruptions of marine, fresh water or ground water system(s), catchment area(s), storm water pipeline and coastal water arising from construction and operation (including any maintenance and inspection works of the pipelines) of the Project.
3.4.3.4 The Applicant shall predict, quantify and assess any water quality impacts arising from construction of the Project on the water system(s) and the sensitive receivers by appropriate mathematical modelling and/or other techniques proposed by the Applicant and approved by the Director. The mathematical modelling requirements are set out in Appendix B to this study brief. Possible impacts shall include but not be limited to changes in hydrology, flow regime, sediment erosion and deposition pattern as well as water and sediment quality due to any dredging of marine sediment, backfilling activities and the proposed jetting method for laying the pipelines, the consequential effects on the aquatic organisms due to such changes within the study area.
3.4.3.5 The Applicant shall take into account and include likely different construction stages or sequences, and different operation stages of the Project in the assessment. The assessment shall have regard to the frequency, duration, volume and flow rate of the discharges and its pollutant and sediment loading to water system(s) within the study area. Essentially the assessment shall address the following:
(i) Collection and review of background information on the existing and planned water system(s) and their respective catchments and sensitive receivers which might be affected by the Project during construction and before operation;
(ii) Characterization of water and sediment quality of the water system(s) and respective catchments and sensitive receivers which might be affected by the Project during construction and before operation based on existing information or appropriate site survey and tests. Appropriate laboratory tests such as elutriate tests (USACE) and sediment pore water (interstitial water) analyses shall be performed on the sediments samples to simulate and quantify the degree of mobilization of various contaminants such as metals, ammonia, trace organic contaminants such as PCBs, PAHs and TBT into the water column during dredging and other marine works;
(iii) Identification and analysis of existing and planned future activities and beneficial uses related to the water system(s) and identification of water sensitive receivers. The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant plans;
(iv) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in Sub-section 3.4.3.5(i) above;
(v) Identification and quantification of likely water and sediment pollution sources and loading, including point and non-point discharges generated during the construction and operation stages of the Project and discharged to the marine waters and existing and planned drainage systems and water courses within the study area;
(vi) Establishment and provision of a pollution load inventory on the quantities and characteristics of 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;
(vii) Identification and evaluation of the best practicable dredging methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not to be disturbed;
(viii) The Applicant shall devise mitigation measures to avoid or minimize the impacts identified above, in particular suitable mud dredging and disposal methods shall be recommended to mitigate any adverse impacts. The residual impacts on the water system(s) and the sensitive receivers with regard to the relevant water and sediment quality objectives, criteria, standards or guidelines shall be assessed and quantified using appropriate mathematical models set out in Appendix B to this study brief.;
(ix) Assessment of the cumulative impacts due to other related concurrent and planned projects including the Hong Kong-Zhuhai-Macao Bridge Hong Kong Section and North Lantau Highway Connection, Contaminated Mud Disposal at East Sha Chau, New Contaminated Mud Marine Disposal Facility at Airport East and East Sha Chau Area, International Exhibition Centre on Airport Island, 9-hole golf course on Airport Island and Backfilling of Marine Borrow Pits at North of the Brothers, activities or pollution sources along the identified water system(s) and sensitive receivers that may have a bearing on the environmental acceptability of the Project. This shall include the potential cumulative construction and operational water quality impact arising from, inter alia, other pollution sources within the study area;
3.4.4 Waste Management Implications
3.4.4.1The 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.
3.4.4.2The assessment of waste management implications shall cover the following:
(i) Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction activities of the Project, based on the sequence and duration of these activities.
(ii) Proposal for Waste Management
(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be fully evaluated. Measures that 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 the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste shall be described in detail. The disposal options recommended for each type of wastes shall take into account the result of the assessment in item (c) below; and
(c) The impact caused by handling (including stockpiling, labelling, packaging & storage), collection, transportation and disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge; and
- public transport.
3.4.5 Impact on Cultural Heritage
3.4.5.1The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM, respectively.
3.4.5.2 The Applicant shall engage a qualified marine archaeologist to review available information to identify whether there is any possible existence of sites or objects of cultural heritage, for example shipwreck, within an areas 10 metres on either side of the preferred alignment of the proposed submarine gas pipelines and any seabed areas that would be affected by the marine works of the Project. The available information includes, but not limited to, the information as stipulated in Task 1 – Baseline Review and Task 2 – Geophysical Survey of Appendix C of this Study Brief. The result of the review should be presented as a written report and charts. If sites or objects of cultural heritage are found, a Marine Archaeological Investigation (MAI) is required within the said area. The MAI shall be carried out by a qualified marine archaeologist who shall obtain a License from the Antiquities Authority under the Antiquities and Monuments Ordinance (Cap. 53). The requirements of the MAI are set out in Appendix C.
3.4.6 Hazard To Life
3.4.6.1 The Applicant shall conduct a risk assessment study to assess the risks associated with relevant aspects of the construction and operation of the proposed submarine gas pipeline, the gas offtake and pigging station and land gas pipeline especially the section in Butterfly Bay near Melody Garden, Richland Garden, Butterfly Estate and the Promenade in Tuen Mun. Specifically, this shall include the following :
(i) description and review of the design of the submarine gas pipelines and the gas offtake and pigging station;
(ii) identification of possible hazards associated with these installations and evaluation of the potential safety impacts to the public and the environment;
(iii) recommendations on appropriate risk mitigation measures.
3.4.7 Noise Impact
3.4.7.1The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.
3.4.7.2The noise impact assessment shall include the following :
(i) Determination of Assessment Area
The study area for the noise impact assessment shall generally include all areas within 300m from the Project shown in Figure 1.1 of the Project Profile (No. PP-199/2003). Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer project limit, provides acoustic shielding to those receivers at further distance behind. Subject to the agreement from the Director, the assessment area shall be expanded to include NSRs at larger distance that would be affected by the construction of the Project.
(ii) Provision of Background Information and Existing Noise Levels
The Applicant shall provide background information relevant to the Project, e.g. relevant previous or current studies. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.
(iii) Identification of Noise Sensitive Receivers
(a) The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include existing NSRs and planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans.
(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. For planned noise sensitive land uses without committed site layouts, the Applicant should use the relevant planning parameters to work out site layouts for operational noise assessment purpose.
(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 and fixed plant equipment, as appropriate, for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities and documented.
(v) Construction Noise Assessment
(a) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the 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 minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed. In case blasting works will be involved, 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 in associated with the removal of debris and rocks should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate. If tunnelling works will be involved, noise impact (including air-borne noise and structure-borne noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machine or equivalent, shall be assessed.
(c) If the unmitigated construction noise levels are found exceeding 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 minimise the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(d) In case the Applicant would like to 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 should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process 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.
(vi) Assessment of Side Effects and Constraints
The Applicant shall identify, assess and propose means to minimise any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
(vii) Evaluation of Constraints on Planned Noise Sensitive Development/Landuses
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.
The Applicant shall take into account agreed environmental requirements / constraints identified by the study to assess the development potential of concerned sites which shall be made known to the relevant parties.
3.4.8 Air Quality Impact
3.4.8.1The 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.
3.4.8.2The study area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of the project site, yet it shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project. The assessment shall include but not limited to the existing, planned and committed sensitive receivers within the study area. Such assessment shall be based on the best available information at the time of the assessment.
3.4.8.3 Construction Phase Air Quality Impact
The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust which may arise as a result of the worksare controlled within the relevant standards as stipulated in Section 1 of Annex 4 of the TM. A monitoring and audit programme for the construction phase shall be devised to verify the effectiveness of the control measures proposed so as to ensure proper construction dust control.
3.4.9 Summary of Environmental Outcomes
The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.
3.4.10 Environmental Monitoring and Audit (EM&A) Requirements
3.4.10.1 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during construction and operation phases of the Project and, if affirmative, to define the scope of EM&A requirements for the Project.
3.4.10.2 Subject to confirmation of EIA findings, the Applicant shall comply with requirements as stipulated in Annex 21 of the TM. The Applicant shall also propose real-time reporting of monitoring data for the Project through a dedicated internet website.
3.4.10.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix D to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
4. DURATION OF VALIDITY
4.1 This EIA study brief is valid for 36 months from 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.
5. REPORT REQUIREMENTS
5.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.
5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:
(i) 50 copies of the EIA report in English and 80 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.
(ii) when necessary, addendum to the EIA report and the executive summary submitted in 5.2 (i) aboveas required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
(iii) 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.
5.3 The Applicant shall, upon request, make additional copies of above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 In addition, to facilitate 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 prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA report and the executive summary shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EIA report and executive summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.
5.5 The electronic copies of the EIA report and the executive summary shall be submitted to the Director at the time of application for approval of the EIA report.
5.6 When the EIA report and the executive summary are made available for public inspection under s.7(1) of the EIAO, the content of the electronic copies of the EIA report and the executive summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.
6.2 If there is any key change in the scope of the Project mentioned in Section 1.2 of this EIA study brief and in Project Profile (No. PP-199/2003), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the Project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.
--- END OF EIA STUDY BRIEF ---
October 2003
Environmental Assessment and Noise Division,
Environmental Protection Department
Appendix A | Appendix B | Appendix C | Appendix D