Environmental Impact
Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study
Brief No. ESB- 146/2006
Project Title:
Applicant:
(hereinafter known as the “Applicant”)
1. BACKGROUND
1.1 An application (No. ESB-146/2006) for an
Environmental Impact Assessment (EIA) Study Brief under section 5(1)(a) of the
Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant
on 3 April 2006 with a project profile (No. PP-285/2006) (the Project Profile).
1.2 The proposed Project is to construct and operate a wind
farm at Southeastern water of
(i) Installation of 50 wind turbines each of up to 3MW
rated capacity;
(ii) Installation of an offshore transformer platform,
one wind monitoring mast and an onshore cable connection room in Tseung Kwan O;
and
(iii) Laying of submarine cables from the wind turbines to
the transformer platform then to Tseung Kwan O as indicated in Appendix A;
1.3 The Project is a designated project
under Schedule 2, D.1 of the EIAO: “Public
utility electricity power plant” and depending on the alignment of the
submarine cable, might also be under item C.12(a)(ii) “A dredging operations
exceeding 500,000 m3 or a dredging operation which is less than 500m from the
nearest boundary of an existing or planned site of cultural heritage.
1.4 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.
1.5 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
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 Project and the associated activities 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 and environmental benefits 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 consider alternative options with a
view to avoiding and minimizing the potential environmental impacts to
ecological sensitive areas in the Mirs Bay, Port Shelter, Junk Bay, Eastern
Buffer and Southern Buffer Water Control Zones and other sensitive uses; to
compare the environmental benefits and dis-benefits of each of the different
options; to provide reasons for selecting the preferred option(s) and to
describe the part of environmental factors played in the selection;
(iv) to identify and quantify any potential
loss or damage and other potential impacts to ecology and fisheries resources,
flora, fauna and natural habitats and to propose measures to mitigate these
impacts;
(v) to
identify and quantify emission sources and determine the significance of
impacts on sensitive receivers and potential affected uses;
(vi) to identify and quantify any potential
landscape and visual impacts and to propose measures to mitigate these impacts;
(vii) to identify the negative impacts on any historical and
archaeological resources and to propose measures to mitigate these impact;
(viii) to propose the provision of mitigation
measures so as to minimize pollution, environmental disturbance and nuisance
during construction and operation of the Project;
(ix) to investigate the feasibility,
practicability, effectiveness and implications of the proposed mitigation
measures;
(x) 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 of
the Project in relation to the sensitive receivers and potential affected uses;
(xi) 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;
(xii) 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
(xiii) 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 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 EIAO (hereinafter
referred to as “the TM”) are fully complied with.
3.2 The
Scope
The scope of this
EIA study shall cover the proposed works shown in Figure 1.2 of the Project
Profile (No. PP-285/2006), which
is reproduced in Appendix A of
this EIA Study Brief and shall cover the Project 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 in the vicinity of the Project:
(i) the potential impacts to the ecology and fisheries
resources within the assessment area, including but not limited to the coral
communities (in particular those near Victor’s Rock, Ninepin Groups, Tung Lung Chau and Port Shelter), marine mammals, amphioxus (Branchiostoma spp.) and avifauna during construction, operation and
subsequent management and maintenance of the Project;
(ii) the potential water quality impact due to
seabed disturbance from dredging, pile installation, foundation formation,
cable laying and any other marine works that may be required for construction
of the project;
(iii) the effect of
the offshore wind turbines and associated infrastructures on the coastal
processes and the potential impacts on the ecological sensitive sites due to the
possible changes of regional sediment movement and sedimentation patterns;
(iv) the potential landscape and visual impacts on existing and planned
sensitive receivers during construction and operation of the project;
(v) waste arising as a result of the construction and
operation activities of the Project; and
(vi) the potential
impacts on the marine archaeological deposit in the seabed of the project area
and the alignment of connection route likely to be affected by the dredging and
construction works.
3.3 Consideration
of Alternatives
3.3.1 The Applicant
shall provide clear and objective comparison of the environmental benefits and
disbenefits of different possible project locations. The applicant shall
compare the main environmental impacts of different site locations and provide
reasons for selecting the project location, and the part environmental factors
played in the selection shall be described.
3.3.2 The Applicant
shall present in the EIA report the consideration of alternative designs such
as site layout, size and chromatic treatment of the Project with a view to
reducing the visual and landscape impacts during construction and operation of
the Project. Other factors or constraints affecting the design of the Project
shall also be stated if appropriate.
3.3.3 Having
regard to the effects on the environment during the construction period and the severity of the
construction impacts, the Applicant shall explore different construction
methods for the Project, with a view to avoiding or minimizing adverse
environmental impacts. The Applicant shall focus on the ecological valuable
habitat/species, such as coral communities, marine mammals, amphioxus (Branchiostoma spp.), avifauna, in
particular seabirds, fish spawning ground etc. A comparison of
the environmental benefits and dis-benefits of applying different construction methods
shall be made.
3.4 Technical Requirements
The Applicant
shall conduct the EIA study to address the environmental aspects as described
in Sections 3.1, 3.2 and 3.3 above. The assessment shall be based on the best
and latest information available during the course of the EIA study and
covering the construction and operation phases of the Project and the subsequent
management and maintenance requirement of the proposals. The Applicant shall
assess the cumulative environmental impacts from the Project with other
interacting projects. The Applicant shall include in the EIA report details of
the construction programme and methodologies.
The EIA study
shall meet the following technical requirements on specific impacts, unless
otherwise approved by the Director specifically in writing.
3.4.1 Water
Quality Impact
3.4.1.1 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.
3.4.1.2 The study area for this water quality
assessment shall cover the
3.4.1.3 The
Applicant shall identify and analyse physical, chemical and biological
disruptions of marine water system(s) arising from construction and operation
of the Project.
3.4.1.4 The
Applicant shall predict, quantify and assess any water quality impacts arising
from 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, water and sediment quality due to marine piling works, dredging of
marine sediment for submarine cables, effects
on the flora and fauna due to such changes in the study area
3.4.1.5 The
Applicant shall take into account and include likely different construction
stages or sequences of the Project in the assessment. 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 sensitive receivers which might be affected by
the construction and operation of the Project;
(ii) Characterization of water and sediment quality of
the water system(s) and sensitive receivers which might be affected by the
Project based on existing information or appropriate site survey and tests;
(iii) Identification and
analysis of the existing and planned future activities and beneficial uses
related to the water system(s) and identification of the water sensitive
receivers. The Applicant shall refer to those developments and uses indicated
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 Sub-section 3.4.1.5(i) above;
(v) Evaluation of
the spatial design of the wind farm, foundation types, construction sequences
and methods, and operation of the Project for the purpose of selecting an
environmentally acceptable option. The Applicant shall consider all best
practical arrangements to avoid adverse effects of the Project on the ecological
sensitive sites due to changes of local erosion and sedimentation patterns;
(vi) Identification
and quantification of existing and committed water and sediment pollution sources and
loading, including point and non-point discharges generated during the
construction and operation stages of the Project, including the potential
contamination of sediments due to cementing and grouting the foundations as the
case may be;
(vii) 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;
(viii) Analysis on
the provision of wastewater treatment facilities in terms of capacity and level
of treatment to reduce pollution arising from both the point and non-point
discharges identified in (vi) above;
(ix) 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;
(x) The Applicant shall devise mitigation measures to avoid or
minimize the impacts identified above, in particular suitable 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.;
(xi) Assessment
of the cumulative impacts due to other related concurrent and planned projects
including the mud dumping activities near Ninepins Islands, and potential sand
reserves in the eastern waters 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;
(xii) Evaluation of
the potential for and associated water quality impacts arising from accidental
vessel collisions within the Project area during construction and maintenance
of the wind farm. The Applicant shall devise a contingency plan for control and
mitigation of the associated pollution impacts as identified above.
(xiii) Identification and quantification of all dredging, fill extraction,
filling, mud/sediment transportation and disposal activities and requirements.
Potential fill source and dumping ground to be involved shall be identified.
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 of
concern into the water column during dredging. The ranges of parameters to be
analyzed, the number, type and methods of sampling, sample preservation and
chemical and biological laboratory test methods to be used shall be subject to
the approval of the Director. The
categories of sediments which require different types of disposal in accordance
with the Environmental, Transport and Works Bureau Technical Circular (Works)
No. 34/2002 shall be identified by both chemical and biological tests and their
quantities shall be estimated. If the presence of any seriously contaminated
sediment which required Type 3 disposal is confirmed, the Applicant shall
identify the most appropriate treatment and/or disposal arrangement and
demonstrate its feasibility;
(xiv) In case of small scale dredging works, 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 and biological testing results derived from sediment samples collected
on site and relevant historic data;
3.4.2.
Ecological Impact (Terrestrial and Marine)
3.4.2.1 The
Applicant shall follow the criteria and guidelines for evaluating and assessing
ecological impact as stated in Annexes 8 and 16 of the TM.
3.4.2.2 The
assessment area for marine ecological impact shall cover Port Shelter, Mirs
Bay, Eastern Buffer, Junk Bay and Southern Water Control Zones as designated
under the Water Pollution Control Ordinance or any areas likely be impacted by
the Project.
3.4.2.3 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 wildlife groups or habitats/ species with conservation
interests including but not limited to corals (including all hard corals,
octocorals and black corals), marine mammals, amphioxus (Branchiostoma spp.) and avifauna, in particular migratory
birds. The assessment shall
identify and quantify as far as possible the potential ecological impacts to
the natural environment and the associated wildlife groups and habitats/species
arising from the proposed Project including its construction and operation
phases as well as the subsequent management and maintenance of the proposals.
3.4.2.4 The assessment shall include the following
major tasks:
(i) review the findings of relevant studies/surveys 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 impact;
(iii) carry out ecological field surveys and
investigations to fill in the information gaps identified in Sections 3.4.2.4
(ii) above and fulfil the objectives of the EIA study. The field surveys shall
include but not limited to coral communities, marine benthic communities,
marine mammals and avifauna, in particular migratory birds. The benthic survey
shall cover at least 6 months duration covering both wet and dry season and the
avifauna surveys shall cover at least 9 months covering March to August. The survey for
marine mammals shall cover a duration of at least 12 months covering 4
seasons.
(iv) establish the general ecological profile of the
Study Area based on data of relevant previous studies/ surveys and results of
the ecological field surveys, and taking into consideration the seasonal
variations, and describe the characteristics of each habitat found; major
information to be provided shall include:
(a) description of the physical environment; including
all recognized sites of conservation importance and assess whether these sites
will be affected by the proposed Project or not;
(b) habitat maps of suitable scale showing the types and
locations of habitats/species in the Study Area with special attention to those
with conservation interests, including but not limited to the following:
Ø
coral communities (including all hard corals,
octocorals and black corals);
Ø
marine mammals, in particular finless porpoises;
Ø
any other notable marine benthic or littoral
communities, in particular amphioxus, Branchiostoma
spp.;
Ø
avifauna, in particular migratory birds; and
Ø
any other habitats/ species identified as having
special conservation interest by this EIA study.
(c) ecological characteristics of each habitat type such
as extent, substrate, size, type, species present, dominant species found,
species diversity and abundance, community structure, ecological value and
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;
(f) investigation and description of the existing
wildlife uses of the various habitats with special attention to those wildlife
groups and habitats with conservation interests, including but not limited to
coral communities, amphioxus, marine mammals and avifauna in the context of the
proposal;
(vi) using suitable methodology and considering also
other works activities from other projects reasonably likely to occur at the
same time, identify and quantify as far as possible of any direct (e.g. loss of
habitats due to construction of wind turbines, other supporting facilities and
laying of submarine cables, etc),
indirect (e.g. changes in flight path, water qualities, hydrodynamics
properties, sedimentation rates and pattern, hydrology, rotation, noise and
other disturbance generated by the wind turbines and other supporting
facilities, etc), 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:
Ø
deterioration or disturbance
to corals (including all hard corals, octocorals and black corals) or other
marine habitats/species of conservation value, including any discovered during
the course of the study;
Ø
removal or disruption of potentially
valuable benthic communities, such as amphioxus, Branchiostoma spp.;
Ø
impacts to aquatic organisms
during construction and avifauna during operational stage due to rotation of
the wind turbines, noise produced by the wind turbines and the glare due to
reflection of sunlight;
Ø
potential impacts of habitat
use by marine mammals due to the presence of a contiguous array of turbines
within their habitat; and
Ø
potential impacts or
disturbance (e.g., physical injury, underwater noise) to marine mammals in
particular Finless porpoises during construction (e.g., dredging of turbine
foundations, cable installations, pile driving for installation of turbine
foundations) and during operation (e.g., underwater noise generated by the wind
turbines).
(vii) evaluation of ecological impact shall be based on
the best and latest information available during the course of the EIA study,
using quantitative approach as far as practicable and covering construction and
operation phases of the Project as well as the subsequent management and maintenance
requirement of the proposals;
(viii) evaluation of significance and acceptability of the
ecological impacts identified using criteria in Annex 8 of the TM;
(ix) recommendations for all possible alternatives, such
as modification/change of layout design, construction site and method, spacing
and alignment of wind turbines and submarine cables and practicable mitigation
measures to avoid, minimize and/or compensate for the adverse ecological
impacts identified during construction and operation of the Project such as,
construction of the project at times that minimize impacts to marine mammals,
corals, amphioxus and avifauna;
(x) evaluation of the feasibility and effectiveness of
the recommended mitigation measures and definition of the scope, type,
location, implementation arrangement, resources requirement, 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) evaluate the severity and acceptability of the
residual ecological impacts using the criteria in Annex 8 of the TM; and
(xiii) review of the
need for and recommendation for any ecological monitoring programme required.
3.4.3 Fisheries Impact
3.4.3.1 The Applicant shall follow the criteria and guidelines for
evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the
TM.
3.4.3.2 The
assessment area for fisheries impact assessment shall cover the Port Shelter,
3.4.3.3 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.
3.4.3.4 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.
3.4.4 Landscape and Visual Impact
3.4.4.1 The Applicant shall follow the criteria and guidelines as stated in
Annexes 10 and 18 of the Technical Memorandum and the Guidance Notes EIAO No.
8/2002 on the preparation of Landscape and Visual Impact Assessment under the
EIAO. Landscape and visual impacts during both construction and operation
phases within the assessment area shall be assessed.
3.4.4.2 The assessment area for landscape impact assessment shall include all
areas within a 500m distance from the Project while the assessment area for the
visual impact assessment shall be defined by the visual envelope of the
Project.