Environmental
Impact Assessment Ordinance (Cap. 499) Section 5 (7)
Environmental
Impact Assessment Study Brief No. ESB-148/2006
Project
Title: West Kowloon Reclamation Road D1A(S) and Road D1 between Jordan Road
and Road D12; and Road D12 between Canton Road and Lin Cheung Road (hereinafter known as the “Project”)
(hereinafter
known as the “Applicant”)
1. BACKGROUND
1.1 An
application (No. ESB-148/2006) for an Environmental Impact Assessment (EIA)
study brief under section 5(1) of the Environmental Impact Assessment Ordinance
(EIAO) was submitted by the captioned Applicant on 6 April 2006 with a project profile
No. PP-287/2006 (the Project Profile).
1.2 The proposed
Project is to construct and operate Roads D1A(S), D1 and D12 in the West
Kowloon Reclamation area. The locations of the proposed roads are shown in
Appendix A of this study brief and they comprise the following:
(i)
Road D1A(S) – section between
(ii)
Road D1 – section between
(iii)
Road D12 – section between
1.3 The Project
is a designated project under Item A.1 of Part 1 Schedule 2 of the EIAO: “A
road which is an expressway, trunk road, primary distributor road or district
distributor road including new roads, and major extensions or improvements to
existing roads”.
1.4 Pursuant to
section 5(7)(a) of the EIAO, the Director of Environmental Protection (the
Director) issues this Environmental Impact Assessment (EIA) study brief to the
Applicant to carry out an EIA study.
1.5
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 proposed project;
(ii) the
conditions and requirements for the detailed design, construction and operation of the proposed 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
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 the provision of mitigation
measures so as to minimize pollution, environmental disturbance and nuisance
during construction and operation of the 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 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 the works mentioned in Section 1.2 above. In addition, the
EIA study shall cover the cumulative impacts of the adjacent project “West
Kowloon Reclamation, Road D1A(N) between
(i)
the potential noise and air quality
impacts on sensitive receivers from the construction and operation of the
Project, taking into account the cumulative impact from the operation of
existing and planned roads and developments in the study area of the Project;
(ii)
potential water quality impact on the
relevant water system(s) from the construction and operation of the Project;
(iii)
waste arising as a result of the construction and operation
activities of the Project; and
(iv)
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 Alignment Options, Built-forms and
In
addition to the proposed alignment option, the Applicant shall consider other
feasible alignment 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 built-forms (such as tunnel
along part or all of the proposed alignment) and design of the road shall be
reviewed and investigated. A
comparison of the environmental benefits and dis-benefits of the possible
alignment options and alternative built-forms and design shall be made with a
view to recommending the preferred option to avoid/ minimize adverse
environmental effects to the maximum practicable extent. In particular, consideration shall be given to avoid or minimize the operational noise and air quality
impacts. Consideration shall also be given to propose alternative land use
arrangement(s) in areas significantly affected by adverse environmental impacts
as a practicable mitigation measure.
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
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.
Technical
Requirements
3.4
The Applicant shall conduct the EIA
study to address all environmental aspects of the activities as described in Sections
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. 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.
3.5
The Applicant shall review previously
approved studies or EIA reports which are relevant to the Project and extract
those relevant information for the purpose of this EIA study. The following EIA report shall be
referred to:
-
3.6
The EIA study shall meet the following
technical requirements on specific impacts:
3.6.1 Noise Impact
3.6.1.1 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.
3.6.1.2 The 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 Annex A or other Project alignments as
identified in the EIA. 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
distances further away from the Project.
Subject to the agreement of the Director, the assessment area shall be
expanded to include NSRs at distances over 300m from the Project, which are
affected by the construction and operation of the Project.
(ii) Provision
of Background Information and Existing Noise Levels
The
Applicant shall provide all 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 all existing NSRs
and all planned/ committed noise sensitive developments and uses, including but
not limiting to residential developments at the Airport Express Kowloon Station,
future developments at the Comprehensive Development Area next to Airport
Express Kowloon station, Man Cheong Street residential area, residential developments along Canton Road &
Austin Road, future developments above the KCRC’s West Kowloon Station and noise
sensitive uses within the West Kowloon Cultural District, as earmarked
on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans
and other relevant published land use plans. Photographs of all existing NSRs shall
be appended to the EIA report.
(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 floor of each and every selected
assessment point shall be given.
For planned noise sensitive land uses without committed site layouts,
the Applicant can use the relevant
planning parameters to work out representative site layouts for operational
noise assessment purpose. However, such assumption
together with any site specific constraints identified, such as setback of
building, building orientation and extended podium, shall be considered
practicable, feasible and agreeable for implementation by relevant parties including
the Planning Department and Lands Department as per section 6.3, Annex 13 of
EIAO-TM.
(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. 7 a.m. to 7 p.m., on weekdays other than general holidays
in accordance with the methodology 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.
(c)
To minimize the construction noise
impact, alternative construction methods to replace percussive piling shall be
proposed as far as practicable. In
case blasting works is involved, it shall 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 from the removal
of debris and rocks shall be fully assessed and adequate mitigation measures
shall be recommended to reduce the noise impact.
(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 shall 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 shall be explicitly stated in
the noise chapter and the conclusions and recommendations chapter in EIA
report.
(vi) Operational
Noise Assessment
(a) Road Traffic Noise
(a1) Calculation of Noise
Levels
The
Applicant shall analyse the scope of the proposed road alignment(s) to identify
road sections
within the meaning of Item A.1 of Schedule 2 of EIAO and other road sections for
the purpose of traffic noise impact assessment. Figures showing extents of road sections within the meaning of
Item A.1 of Schedule 2 of EIAO and other road sections shall be
provided in the EIA report. In determining whether the traffic noise impact due to a road improvement
project/ work is considered significant, detailed information with respect to
factors including change of nature of road, change of alignment and change of
traffic capacity or traffic composition etc. shall be assessed. The traffic noise impact shall be
considered significant if the traffic noise level with the road project is
greater than that without the road project at the design year by 1.0 dB(A) or
more.
The
Applicant shall calculate expected road traffic noise using methods described
in the U.K. Department of Transport's “Calculation of Road Traffic Noise”
(1988). Calculations of future road
traffic noise shall be based on peak hour traffic flow in respect of maximum
traffic projection within a 15 years period upon commencement of operation of
the Project. The Applicant shall calculate traffic noise levels in respect of
each road section and the overall noise levels from combined road sections (road sections within the meaning of
Item A.1 of Schedule 2 of EIAO and other road sections ) at
NSRs.
The EIA report shall contain sample calculations and input
parameters for at least 10 assessment points as requested by the Director. Also, the Applicant shall provide the
input data set of the traffic noise model in the format of electronic files in
the EIA. The Applicant shall
prepare and provide drawings (i.e., road-plots of the traffic noise model) of
appropriate scale to show the road segments, topographic barriers, and
assessment points of sensitive receivers input into the traffic noise model.
The Applicant shall provide input data sets of traffic
noise prediction model adopted in the EIA study as requested by the Director
for the following scenarios:
(1) unmitigated
scenario at assessment year;
(2) mitigated
scenario at assessment year; and
(3) prevailing
scenario for indirect technical remedies eligibility assessment;
The data shall be in electronic text file (ASCII
format) containing road segments, barriers and noise sensitive receivers
information. The data structure of
the above file shall be agreed with the Director. CD-ROM(s) containing the above data shall
be attached in the EIA report.
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