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

 

Environmental Impact Assessment Study Brief No. ESB-135/2005

 

Project Title :                     Proposed Karting Track in DD 134, Lung Kwu Sheung Tan, Tuen Mun

(hereinafter known as the "Project")

 

Name of Applicant :            HGH Limited

                                                Flat D, Block 1, 8/F, Maywood Court,

                                                Kingswood Villas, Tin Shui Wai, N.T.

                                      (hereinafter known as the "Applicant")

 

1.         BACKGROUND

 

            1.1       An application (No. ESB-135/2005) 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 29 September 2005 with a project profile (No. PP-263/2005) (the Project Profile).

 

1.2              The scope of the Project is to construct and operate a karting track in D.D. 134, Lung Kwu Sheung Tan, Tuen Mun, N.T., as shown in Figures 1 and 2 in Appendix A and described below :

 

(i)                  An outdoor karting track of about 900 m length, in a site of about 1.8 ha area, designed to international standards for kart racing;

(ii)                the karting track to serve both recreational and sports purposes, with about 20 staff and a maximum of about 200 visitors and 40 numbers of karts running on petrol on the track at any one time;

(iii)               a village house within the site boundary to be used as an office for the karting track;

(iv)              a petrol refilling and storage area with a standard 18 litre safety petrol tank located within a service area fenced off with chain-link fence;

(v)                kart maintenance and storage areas; and

(vi)              associated mobile toilets, drainage and landscape works.

 

The Project is a designated project (DP) in Part 1, Schedule 2 of the EIAO, under item O.4 “a motor racing circuit”.

 

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 elements of community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment and the associated environmental constraints;

(iii)               to provide information on the consideration of alternatives to avoid and minimize potential environmental impacts to environmentally sensitive areas and other sensitive uses; to compare the environmental benefits and dis-benefits of each of different options; to provide reasons for selecting the preferred option(s) and to describe the part environmental factors played in the selection of preferred option(s);

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

(v)                to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;

(vi)              to propose provision of mitigation measures so as to minimize pollution, environmental disturbance & nuisance during construction & operation of Project;

(vii)             to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;

(viii)           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;

(ix)              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;

(x)                to investigate the extent of the 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; and

(xi)              to design and specify 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.  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  complied with.

3.2       The Scope

 

3.2.1    The scope of this EIA study shall cover the Project mentioned in sub-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:

 

(i)          potential air quality and noise impacts from construction and operation of the Project to nearby sensitive receivers, taking into account the cumulative impact from the existing and planned sources of pollution in the vicinity of the Project;

(ii)        potential water quality impact from the construction and operation of the Project on the relevant water system(s);

(iii)       waste arising as a result of the construction and operation activities of the Project;

(iv)      potential land contamination from operation of the Project;

(v)        potential landscape & visual impacts from construction and operation of the project;

 

3.3       Consideration of Alternatives

 

3.3.1    The Need of the Project

 

The Applicant shall study and review the need of the Project, and provide information to justify the need.  The Applicant shall explain clearly the purpose and objectives of the Project and describe the scenarios with and without the Project.

 

3.3.2    Consideration of Different Technology and Emission Controls Options

 

In addition to the proposed layout and design in the Project Profile, the Applicant shall consider other feasible options for the Project, provide justification regarding how the proposed scheme is arrived at, including the descriptions of the environmental factors considered in the option selection.  Alternative emission controls options and selection of the most suitable technology shall be reviewed and investigated.  A comparison of the environmental benefits and dis-benefits of possible emission controls options and alternative technologies and design shall be made with a view to recommending the preferred option to maximise environmental benefits and avoid/minimize adverse environmental effects to the maximum practicable extent.

 

3.3.3    Consideration of Alternative Construction Methods and Sequences of Works

 

            Taking into consideration the combined effect with respect to the severity and duration of the construction impacts to the affected sensitive receivers, the EIA study shall explore alternative construction methods and sequences of works for the Project, with a view to avoid prolonged adverse environmental impacts to the maximum practicable extent.  A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.

 

3.3.4    Selection of Preferred Scenario

 

            Taking into consideration of the findings in sub-sections 3.3.2 and 3.3.3 above, the Applicant shall recommend/justify the adoption of the preferred scenario that will maximise environmental benefits and 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 sub-sections 3.1, 3.2 and 3.3 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.

 

Air Quality Impacts during Construction Stage

 

3.4.1.4  During the constructional stage, 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 dust control measures, a quantitative assessment by following the relevant technical requirements in sub-sections 3.4.1.6 to 3.4.1.8 below shall be carried out to evaluate the constructional dust impact at the identified ASRs.

 

Air Quality Impacts during Operation Stage

 

3.4.1.5  For the air quality impacts during the operational stage, if the Applicant anticipates a significant air quality impact that will likely cause exceedance of the recommended limits in the TM at the ASRs despite incorporation of control/mitigation measures, a quantitative assessment by following the relevant technical requirements in sub-sections 3.4.1.6 to 3.4.1.8 below shall be carried out to evaluate the operational air quality impact at the identified ASRs.

 

Technical Requirements - General

 

3.4.1.6  Study Area :

 

(i)         The study area for constructional and operational air quality impact assessments of the Project shall be defined by a distance of 500m from the boundary of the Project site.

(ii)                The cumulative assessment for operation stage of the Project shall take into account the impacts from major emission sources of existing and/or planned air polluting uses.

(iii)              The cumulative assessment for the constructional stage shall take into account the impacts of major emission sources from other concurrent construction projects.

 

3.4.1.7 The Applicant shall assess the air pollutant concentrations with reference to the Guidelines for Local-Scale Air Quality Assessment Using Models given in Appendices B1 to B3 or other methodology as agreed by the Director.

 

3.4.1.8 The air quality impact assessment shall include the following:

 

(i)         Background and Analysis of Activities

 

 

(a)   Provide background information relating to air quality issues relevant to the Project.

(b)  Give an account, where appropriate, of the consideration / measures that had been taken into consideration in the planning of the Project to abate air pollution impact.  The Applicant shall consider alternative construction methods/phasing programmes and alternative modes of operation to minimize the constructional and operational air quality impact respectively.

(c)   For the evaluation of cumulative air quality impacts during operation stage, present the background air quality levels in the study area.

 

(ii)        Identification of ASRs and Examination of Emission/Dispersion Characteristics

 

(a)   Identify and describe representative existing and planned/committed ASRs that would likely be affected by the Project, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans, including plans and drawings published by Lands Department. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact point of these ASRs.  A map showing the location and description including the name of buildings, their uses and height of selected assessment points shall be given.  Separation distances of these ASRs from the nearest emission sources shall also be given.

(b)  Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the Project based on the analysis of the constructional and operational activities of the Project in sub-section 3.4.1.8(i) above.  Examples of constructional stage emission sources include stockpiling, material handling and vehicular movements on unpaved haul roads on site, etc.  Examples of operational stage emission sources include vehicular emissions from karts and odour emissions from karts and petrol storage tank, etc.  Confirmation of the validity of the assumptions and the magnitude of the activities shall be obtained from the relevant government department/authorities and documented.

 

(iii)      Constructional Phase Air Quality Impact

 

(a)    The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation to ensure constructional dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM.  An audit and monitoring program during constructional stage shall be devised to verify the effectiveness of the control measures and to ensure that the construction dust levels be brought under proper control.  The Applicant shall follow the methodology set out in subsection 3.4.1.8 (v) below when carrying out the quantitative assessment.

 

(iv)              Operational Phase Air Quality Impact

 

(a)         The Applicant shall assess the expected air pollutant impacts at the identified ASRs based on an assumed reasonably worst-case scenario under normal operating conditions.  The Applicant shall follow the methodology set out in sub-section 3.4.1.8(v) below when carrying out the quantitative assessment.

 

(b)        For calculation of future road traffic air pollution impact, this shall be based on the highest emission strength from Lung Kwu Tan road within the next 15 years upon commencement of operation of the project.  The Applicant shall demonstrate that the selected year of assessment represents the highest emission scenario given the combination of vehicular emission factors and traffic flow for the selected year.  The Fleet Average Emission Factors used in the assessment shall be agreed with the Director.  If necessary, the Fleet Average Emission Factors shall be determined by a motor vehicle emission model such as EMFAC-HK model to be agreed with the Director.  All the traffic flow data and assumptions that used in the assessment shall be clearly and properly documented in the EIA report.

 

(v)       Quantitative Assessment Methodology

 

(a)    The Applicant shall conduct the quantitative assessment with reference to relevant sections of the modeling guidelines stated in sub-section 3.4.1.7 above or any other methodology as agreed with the Director.  The specific methodology must be documented in such level of details (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.  Detailed calculations of the pollutant emission rates shall be presented in the EIA report.  The Applicant must ensure consistency between the text description and the model files at every stage of submission.  In case of doubt, the Applicant shall seek and obtain prior agreement of the Director on the specific modeling details.

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

(c)    The Applicant shall calculate the cumulative air pollutant concentrations 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 table and pollution contours, to be evaluated against the relevant air quality standards and examination of the land use implications of these impacts.  Plans of suitable scale should be used for presentation of pollution contour to allow proper determination of buffer distance requirements.

 

(vi)       Mitigating measures for non-compliance

 

(a)    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 the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.

 

(vii)       Submission of model files

 

(a)    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 Study Area

 

The study area for the noise impact assessment shall generally include areas within 300m from the Project boundary.  Subject to the agreement of the Director, the study 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 distances further away from the Project.  Subject to the agreement of the Director, the study area shall be expanded to include NSRs at distances over 300m from the Project which would be affected by the construction and operation 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 required for determining the planning standards, e.g. those for planning of fixed noise sources (such as ventilation systems of traffic noise enclosures), 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, Layout Plans and other relevant published land use plans, including plans and drawings published by Lands Department.  Photographs of  existing NSRs shall be appended to the EIA report.

(b)        The Applicant shall select assessment points to represent  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 floor 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 representative 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 representative construction equipment for construction noise assessment, and traffic flow/ fixed plant equipment (e.g. ventilation systems of traffic noise enclosures), as appropriate, for operational noise assessment.  Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities and documented in the EIA report.

                       

(v)               Construction Noise Assessment

 

(a)                The assessment shall cover the cumulative noise impacts due to the construction works of the Project and other concurrent projects identified during the course of the EIA study.

(b)               The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the Project during daytime, i.e. 7am to 7pm, on weekdays other than general holidays in accordance with methodology in paragraphs 5.3. and 5.4 of Annex 13 of the TM.  The criteria in Table 1B of Annex 5 of TM shall be adopted in the assessment.

(c)                To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.

            (d)        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 tasks) to minimize the impact.  If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

(e)         The Applicant shall, as far as practicable, formulate a reasonable construction programme so that no work will be required in restricted hours as defined under the Noise Control Ordinance (NCO).  In case the Applicant needs to evaluate whether construction works in restricted hours as defined under the NCO are feasible or not in the context of programming construction works, reference should be made to relevant technical memoranda issued under the NCO.  Regardless of the results of construction noise impact assessment for restricted hours, the Noise Control Authority will process 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 EIA report.

           

            (vi)       Operational Noise Assessment

 

                        (a)        Fixed Noise Sources

 

                                     If the Project will cause impacts from any fixed noise sources, such as the ventilation systems of plants, the following assessment shall be followed.

 

                        (a1)      Assessment of Fixed Source Noise Levels

 

The Applicant shall calculate expected noise using standard acoustics principles. Calculations for expected noise shall be based on assumed plant inventories and utilization schedule for worst-case scenario. The Applicant shall calculate noise levels taking into account correction of tonality, impulsiveness and intermittency in accordance with Technical Memorandum for Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites issued under NCO.

 

(a2)      Presentation of Noise Levels

 

The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.  A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

 

(a3)      Proposals for Noise Mitigation Measures

 

The Applicant shall propose direct technical remedies within the Project limits in  situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

 

            (vii)      Assessment of Side Effects and Constraints

 

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

 

            (viii)      Evaluation of Constraints on Planned Noise Sensitive Developments/Land uses

 

                                    For planned noise sensitive uses which will still be affected even with  practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicability 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 EIA study to assess the development potential of concerned sites which shall be made known to the relevant parties.

 

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.

 

3.4.3.2 The study area for the purpose of this water quality impact assessment shall cover an area within 300 m of the Project site boundary.

 

3.4.3.3 The Applicant shall identify and analyze in the assessment  physical, chemical and biological disruptions of marine, fresh or ground water arising from construction and operation of the Project.

 

3.4.3.4 The requirements and good site practices as stipulated in EPD ProPECC Note 5/93 “Drainage Plan subject to comment by the Environmental Protection Department” and EPD ProPECC Note 1/94 “Construction Site Drainage” shall be followed and specified in the EIA.

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

 

                         The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities of the Project, based on the sequence and duration of these activities.

 

            (ii)        Proposal for Waste Management

 

(a)               Prior to considering disposal options for various wastes, opportunities for reducing waste generation, on-site/off-site re-use and recycling shall be  evaluated. Measures which can be taken in planning and design stages e.g. by modifying design approach and in construction stage to maximize 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 method recommended for each type of waste shall take into account of the result of the assessment in (c) below.

(c)               The impact caused by handling (including labelling, packaging & storage), collection, 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   Land Contamination

3.4.5.1  The Applicant shall address any hazard and environmental impacts associated with potential land contamination from operation of the Project, including karting activities, re-fueling activities and the repair and maintenance activities to be carried out on site, and propose precautionary and/or mitigatory measures to prevent land contamination due to operation of the Project.  Such measures shall be properly documented in the EIA Report.

 

3.4.6    Landscape and Visual Impact

 

3.4.6.1  The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM for evaluating and assessing landscape and visual impacts of the Project, including any above ground structures and work areas associated with the Project.  Landscape and visual impacts during both construction and operation stages within the study area shall be assessed.

 

3.4.6.2    Study areas for landscape impact assessment shall include areas within 100m from the Project.  Study area for visual impact assessment shall be defined by the visual envelope of the Project.  The defined visual envelope must be shown on a plan in the EIA report.

 

3.4.6.3  The Applicant shall review relevant Outline Zoning Plans, Development Permissions Area Plans, Outline Development Plans, Layout Plans, other relevant published land use plans, planning briefs and studies which may identify areas of high landscape value and recommend country park, coastal protection area, conservation area, open space, amenity area and green belt designations.  Any guidelines on landscape strategies, landscape frameworks, urban design concepts, special design areas, open space networks, landscape links that may affect the appreciation of the Project shall also be reviewed.  The aim is to gain an insight to the future outlook of the area so as to assess whether the project can fit into surrounding setting. Any conflict with statutory town plan(s) and any published land use plans 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 and planned landscape resources and character of the study area.  A system shall be derived for judging landscape and visual impact significance as required under the TM and EIAO Guidance Note No.8/2002 “Preparation of Landscape and Visual Impact Assessment under EIAO”. Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape character areas and landscape resources and mapping of impact assessment shall be extensively used to present the findings of impact assessment.  Descriptive text shall provide a concise and reasoned judgment from a landscape and visual point of view.  The assessment shall be particularly focused on the sensitivity of the landscape framework and its ability to accommodate change.  The Applicant shall identify the degree of compatibility of the Project with the existing and planned landscape settings.  The landscape impact assessment shall quantify potential landscape impacts as far as possible, so as to illustrate the significance of such impacts arising from the Project.  Clear mapping of the landscape impact is required.  A tree survey shall be carried out and the impacts on existing trees shall be addressed.  Cumulative landscape and visual impacts of the Project with other existing, committed and planned developments in the study area shall be assessed.

 

3.4.6.5    The Applicant shall assess the visual impacts of the Project.  Clear illustrations including mapping of visual impact is required.  The assessment shall include :

 

(i)              identification and plotting of visual envelope of the Project;

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

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

(iv)          description of the severity of visual impacts in terms of nature, distance and number of sensitive receivers

 

3.4.6.6    The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area.  In addition, alternative alignment, design and construction methods that would avoid or reduce the identified landscape and visual impacts shall be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts.  The mitigation measures proposed shall not only be concerned with damage reduction but shall also include consideration of potential enhancement of existing landscape and visual quality.  The Applicant shall recommend mitigation measures to minimize adverse effects identified above, including provision of a landscape design.

 

3.4.6.7    The mitigation measures shall include preservation of vegetation and natural coastline, transplanting of trees, provision of screen planting, re-vegetation of disturbed land, woodland restoration, compensatory planting, provisioning / reprovisioning of amenity areas and open spaces, avoidance or minimization of noise barriers, design of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing and planned land uses and sensitive receivers.  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 the implementation of the recommended measures shall be provided.  Presentation of photomontages of the Project in the existing and planned setting illustrating the effectiveness of the proposed mitigation measures shall be included.

 

3.4.6.8    Annotated illustration materials such as coloured perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to  illustrate the landscape and visual impacts of the Project.  In particular, the landscape and visual impacts of the Project with and without mitigation measures shall also be properly illustrated in existing and planned setting by computer-generated photomontage so as to demonstrate the effectiveness of the proposed mitigation measures.  Computer graphics shall be compatible with Microstation DGN file format or as agreed with the Director.  The Applicant shall record the technical details such as system set-up, software, data files and function in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustrations.

 

3.4.7    Summary of Environmental Outcomes

 

            The EIA report shall contain a summary of 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.

 

3.4.8    Environmental Monitoring and Audit (EM&A) Requirements

 

3.4.8.1    The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the Project and, if affirmative, to define the scope of EM&A requirements for the Project in the EIA study.

 

3.4.8.2    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.

 

 

3.4.8.3    The Applicant shall prepare a Project Implementation Schedule (in the form of a checklist as shown in Appendix C to this EIA study brief) containing  the EIA study recommendations and mitigation measures with reference to the implementation programme.  The Project Implementation Schedule shall include the explicit agreement reached between the Applicant and relevant parties on the responsibility for funding, implementation, management and maintenance of mitigation measures.  Alternatively, the Project Implementation Schedule shall include an undertaking from the Applicant to assume the responsibility of  those mitigation measures until an agreement is reached between the Applicant and relevant parties on the funding, implementation, management and maintenance of mitigation measures. 

 

4.         DURATION OF VALIDITY

 

4.1        The Applicant shall notify the Director of the commencement of the EIA study.  If the EIA study does not commence within 36 months after the date of issue of the EIA study brief, 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 sub-section 5.2 (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.

 

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 EIA report via EIAO Internet Website, the Applicant shall provide electronic copies of both the EIA report and