Environmental Impact Assessment Ordinance

Technical Memorandum

4. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REPORT

4.1 General

    4.1.1 An EIA report shall comprise a document or series of documents providing a detailed assessment in quantitative terms, wherever possible, and in qualitative terms of the likely environmental impacts and environmental benefits of the project. The requirements for the EIA report shall be set out in accordance with this technical memorandum. The EIA report shall be produced in accordance with the EIA study brief issued by the Director to the applicant.

4.2 Objectives and Contents of an EIA Report

    4.2.1 The project-specific study objectives and the detailed scope of any required EIA study shall be set out in a study brief issued by the Director. Typical study objectives may include the following:

      (a) to describe the proposed project(s) and associated works together with the requirements and environmental benefits for carrying out the proposed project(s);

      (b) to identify and describe the elements of the community and environment likely to be affected by the proposed project(s), and/or likely to cause adverse impacts to the proposed project(s), including both the natural and man-made environment and the associated environmental constraints;

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

      (d) to identify and quantify any potential losses or damage to flora, fauna and natural habitats;

      (e) to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;

      (f) to propose the provision of infrastructure or mitigation measures to minimize pollution, environmental disturbance and nuisance during construction, operation (or decommissioning) of the project(s);

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

      (h) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction, operation (or decommissioning) phases of the project(s) in relation to the sensitive receivers and potential affected uses;

      (i) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction, operation (or decommissioning) of the project(s) which are necessary to mitigate these residual environmental impacts and cumulative effects and reduce them to acceptable levels;

      (j) to design and specify the environmental monitoring and audit requirements; and

      (k) to identify any additional studies necessary to implement the mitigation measures or monitoring and proposals recommended in the EIA report.

    4.2.2 The contents of an EIA report shall fully meet the purposes and objectives set out in the EIA study brief issued by the Director, and shall adequately address all the issues set out in the EIA study brief.

    4.2.3 Unless indicated otherwise in the EIA study brief, the contents of an EIA report shall normally include the items listed in Annex 11.

4.3 General Approaches and Methodologies for Assessment

    4.3.1 The general principles that the Director shall use in evaluating the assessment methodologies are described below:

      (a) Description of the Environment: the characteristics of the environment shall be described in a way sufficient for identification and prediction of environmental impacts. Where necessary, baseline environmental surveys shall be carried out to determine the existing environmental conditions on the site and in all environs likely to be affected by the proposed project. The issues described in the EIA study brief shall be investigated and would typically include existing water and sediment quality, air quality, the existing noise environment, ecology, the cultural heritage and the man-made environment. These surveys shall normally include the site of the project, its access, and any other areas likely to be impacted during construction and operation (or decommissioning). The type and duration of baseline surveys shall be such that there will be adequate information taking account of natural variation to define the existing conditions. This information shall form the basis for predicting and evaluating the impacts from the project so that the study objectives can be met. Where appropriate, results from past studies can be used.

      (b) Impact Prediction: the guidelines on assessment methodologies are given in Annexes 12 to 19. The assessment methodologies proposed shall be relevant to the issues to be addressed, shall have been used successfully in similar situations or be demonstrated as acceptable by recognised national/international organisations, and shall be capable of:

        (i) identifying potential impacts which may be harmful or beneficial to the environment;

        (ii) identifying receivers, habitats or resources which are vulnerable to change;

        (iii) defining the project/environment interactions;

        (iv) examining the chain of events or "pathways" linking cause with effect;

        (v) describing and predicting the reasonable case scenario and/or the worst case scenario, or such scenarios as required in the EIA study brief; and

        (vi) predicting the likely nature, extent and magnitude of the anticipated changes and effects such that an evaluation, in quantitative terms as far as possible, can be made with respect to the criteria described in Annexes 4 to 10 inclusive.

      (c) Impact Evaluation: an evaluation of the anticipated changes and effects shall be made with respect to the criteria described in Annexes 4 to 10 inclusive, and in quantitative terms as far as possible. The methodologies for evaluating the environmental impact shall be capable of addressing the following issues:

        (i) the existing or projected environmental conditions without the project in place;

        (ii) the projected environmental conditions with the project in place and the sum total of the environmental impacts taking into account all relevant existing, committed and planned projects;

        (iii) a differentiation between the environmental impact caused by the project and that caused by other projects, and to what extent the project aggravates or improves the existing or projected environmental conditions;

        (iv) the environmental impact during different phases of construction and development of the project; and

        (v) the evaluation of the seriousness of the residual environmental impacts (see Section 4.4.3).

      (d) Impact Mitigation: the methodologies proposed for mitigation shall give priority to avoidance of impacts. The assessment methods shall be capable of:

        (i) identifying and evaluating mitigation measures in order to avoid, reduce or remedy the impacts;

        (ii) assessing the effectiveness of mitigation measures; and

        (iii) defining the residual environmental impacts, which are the net impacts remaining with the mitigation measures in place.

    4.3.2 For issues described in Annexes 12 to 19, the Director shall evaluate the assessment approaches and methodologies in accordance with the guidelines in these annexes, unless otherwise stated in the study brief. For issues that are not fully covered in these Annexes, the Director shall apply the above general principles.

    4.3.3 Where applicable, the applicant shall be required to evaluate the environmental impacts resulting from the project over a period of time, through interactions among different environmental pollutants or emissions, or in combination with other existing, committed and proposed developments. Any such requirements shall be clearly set out in the study brief and are only limited to those that may have a bearing on the environmental acceptability of the project. The assessment methodologies shall allow for the assessment and evaluation of the cumulative environmental effects if the following circumstances apply:

      (a) the impacts arising from the project are predicted to extend beyond the boundaries of the project or over a long period of time;

      (b) there may be interactions between the environmental impacts of the project, affecting the sum total of its environmental impacts; or

      (c) there may be interactions between the environmental impacts of the project and the environmental impacts of other developments, resulting in accumulation of impacts and affecting the sum total of their environmental impacts.

4.4 The Review of the EIA Report

    The EIA report shall be reviewed according to the following steps:

    4.4.1 Compliance with the Study Brief and Technical Memorandum: The coverage and approaches adopted in the EIA report shall be reviewed against the EIA study brief and the guidelines in this technical memorandum.

    4.4.2 Quality of the EIA Report: The quality of the EIA report shall be reviewed having regard to the guidelines in Annex 20 and in Section 4.3. The report shall be considered as adequate if there are no omissions or deficiencies identified which may affect the results and conclusions of the assessment. In particular, the following factors shall be considered:

      (a) whether the scope and extent of the project as presented in the EIA report covers all the phases and key sequences of the project which the application under consideration is intended to cover;

      (b) whether the information and descriptions in the EIA report are factually correct;

      (c) whether the assessment methodologies adopted in the EIA report are consistent with the methodologies set out in Annexes 12 to 19 inclusive and with the general principles laid down in Section 4.3, and whether the evaluation of the predicted impacts are consistent with the criteria listed in Annexes 4 to 10 inclusive. Where specific methodologies are not listed in the annexes or where the methodologies for certain issues can only be established on a case-by-case basis, the Director will assess whether the proposed methodologies are consistent with the methodologies adopted for Hong Kong projects having similar issues or with methodologies accepted by recognised national/international organisations;

      (d) whether the identification and descriptions of the potential environmental impacts in the EIA report are complete and whether all applicable criteria in Annexes 4 to 10 inclusive have been considered;

      (e) whether the assumptions and methodologies used are sound and adequate;

      (f) whether adverse environmental effects are avoided to the maximum practicable extent;

      (g) whether the assessment has considered and compared the environmental benefits and disbenefits of various scenarios with or without the project;

      (h) whether lessons learned from other similar projects are incorporated into the project;

      (i) whether the report has sufficiently defined all environmental protection requirements and measures necessary to avoid or reduce the adverse environmental impacts to within the applicable standards or criteria;

      (j) for impacts where there are no applicable quantitative standards or criteria, whether the report has defined the best practicable mitigation measures that shall be adopted for the project;

      (k) whether the report has assessed and determined the feasibility, practicability, programming and effectiveness of the recommended mitigation measures;

      (l) whether the report has adequately addressed the need for environmental monitoring and audit, and if it is considered to be necessary, whether it has sufficiently defined the required environmental monitoring and audit programme; and

      (m) whether the report has listed out in a schedule the environmental protection requirements and mitigation measures that the applicant is prepared to implement.

    4.4.3 Evaluation of the Residual Environmental Impacts: The residual environmental impacts refer to the net environmental impacts after mitigation, taking into account the background environmental conditions and the impacts from existing, committed and planned projects. When evaluating the residual environmental impacts (the net impacts with the mitigation measures in place), the following factors shall be considered:

      (a) the importance of the residual environmental impacts in terms of the following factors:

        (i) effects on public health and health of biota or risk to life : If the impacts may cause adverse public health effects and/or adverse impacts to the health of rare and/or endangered species or pose an unacceptable risk to life and/or survival of a wildlife species, they are considered as key concerns;

        (ii) the magnitude of the adverse environmental impacts: Magnitude refers to the scale of the adverse environmental impacts. If the impacts are major, they are considered as key concerns. The extent to which the project would trigger or contribute to any cumulative environmental impacts when considered in conjunction with the existing or potential impacts from other projects shall also be considered;

        (iii) the geographic extent of the adverse environmental impacts: Widespread environmental impacts are of greater concern than localised adverse environmental impacts. The extent to which adverse environmental impacts may occur in areas away from the site for the designated project, including the long range transportation of pollutants shall also be considered;

        (iv) the duration and frequency of the adverse environmental impacts: Normally more weight shall be given to long term, persistent and/or frequent environmental impacts in determining a project's environmental acceptability. Future adverse environmental impacts as well as their likelihood shall also be considered;

        (v) the likely size of the community or the environment that may be affected by the adverse impacts: Those adverse impacts affecting larger numbers of people or greater areas of ecosystem shall be considered of greater importance;

        (vi) the degree to which the adverse environmental impacts are reversible or irreversible: Irreversible adverse environmental impacts shall be considered as key concerns. The planned decommissioning or rehabilitation activities that may influence the degree to which the adverse environmental impacts are reversible or irreversible may be considered;

        (vii) the ecological context: More weight shall be given to those adverse environmental impacts that occur in areas or regions that are ecologically fragile and/or rare or undisturbed or which have little resilience to imposed stresses;

        (viii) the degree of disruption to sites of cultural heritage: Which means what disruptions would be caused to the site which would affect its archaeological, historical and/or palaeontological significance;

        (ix) international and regional importance: Those adverse impacts which affect an issue of international or regional concern shall be regarded as important; and

        (x) both the likelihood and degree of uncertainty of adverse environmental impacts: If the adverse environmental impacts are uncertain, they shall be treated more cautiously than impacts for which the effects are certain and the precautionary principle shall apply.

      (b) the degree of compliance with relevant established principles and criteria as listed below:

        (i) standards and criteria laid down in the ordinances and regulations applicable at the time of processing of the applications;

        (ii) any guidelines, standards and criteria laid down in Annexes 4 to 10 in this technical memorandum;

        (iii) criteria and guidelines, other than (i) and (ii), published and adopted in Hong Kong in the conduct of EIA and in the application of the EIA process; and

        (iv) where the matters are outside the jurisdiction of the Director and where there are no applicable ordinances and regulations, the principles, guidelines and criteria published by relevant authorities in Hong Kong.

4.5 Approval of the EIA Report

    4.5.1 After the public inspection of the report and, if required, the consultation with the Advisory Council on the Environment, the EIA report shall be approved with or without conditions if

      (a) the requirements in the EIA study brief have been met;

      (b) the quality of the report meets the requirements as set out in Section 4.4 and the results and conclusions are technically sound and reliable;

      (c) it addresses relevant environmental issues raised by the public and the Advisory Council on the Environment during the public inspection period; and

      (d) all relevant environmental principles and criteria laid down in this technical memorandum can be met and the residual environmental impacts are within the relevant criteria, unless with sound environmental justifications and without long term serious environmental implications.

    4.5.2 In case the report requires certain amendments but such amendments will not affect the validity of the assessment and the overall results and conclusions of the report, the Director may approve the report with conditions.

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