APPENDIX A

ENVIRONMENTAL LEGISLATION AND PLANNING GUIDELINES

Introduction

A1 One of the Hong Kong Government's overall policy objectives on environmental planning, as outlined in the 1989 White Paper on Pollution in Hong Kong, is "to avoid creating new environmental problems by ensuring the consequences for the environment are properly taken into account in site selection, planning and design of all new developments".

A2 This section highlights the relevant environmental legislation and guidelines which are currently applicable to the proposed project. The EIA Ordinance and its associated Technical Memorandum is of particular relevance and was enacted in April, 1998.

EIA Ordinance and its Associated Technical Memorandum

A3 The Technical Memorandum on the Environmental Impact Assessment Process (TMEIA) is issued under section 16 of the Environmental Impact Assessment Ordinance (Cap 499). The TM sets out the principles, procedures, guidelines, requirements and criteria for:

(a) the technical content of a project profile;

(b) the technical content of an environmental impact assessment study brief or environmental impact assessment report;

(c) deciding whether a designated project is environmentally acceptable;

(d) deciding whether an environmental impact assessment report meets the requirements of the environmental impact assessment study brief;

(e) deciding whether the Director will permit an applicant to apply directly for an environmental permit under section 5(9), (10) or (11) of the Ordinance;

(f) resolving conflicts on the content of the environmental impact assessment study brief and the environmental impact assessment report;

(g) taking advice from other authorities;

(h) deciding what is a material change, addition or alteration to an environmental impact or to a designated project;

(i) the issue of environmental permits;

(j) the imposition of environmental monitoring and audit requirements for designated projects as conditions in environmental permits.

A4 The TM provides criteria and guidelines for each aspect of the environmental impact assessment by which to identify and evaluate activities which have the potential to adversely impact the environment. The details of these are given in the following relevant sections.

Hong Kong Planning Standards and Guidelines

A5 The Hong Kong Planning Standards and Guidelines (HKPSG) Chapter 9: Environment provides guidance for including environmental considerations in the planning of both public and private developments. The environmental suitability of a site for a certain land use is governed by such factors as:

(i) natural environmental characteristics including topography, climate, hydrological and hydrographical characteristics, vegetation, wildlife and habitat, and soil conditions;

(ii) the nature, distribution and consequences of the residuals including aerial emissions, wastes, sewage or noise generated by land uses in the development area;

(iii) the capacity of the environment to receive additional developments; and

(iv) existing land uses.

A6 The HKPSG specifies the Government's overall policy objective for environmental planning to be:

“to avoid creating new environmental problems by ensuring the consequences for the environment are properly taken into account in site selection, planning and design of all new developments; and

"to seize opportunities for environmental improvement as they arise in the course of urban redevelopment"; and to ensure that,

"adequate and suitably sited environmental facilities are provided to ensure proper handling and disposal of all wastes and waste water arising from proposed developments."

Conservation

A7 HKPSG Chapter 10: Conservation states that the following four principles should be adopted for the practical pursuit of conservation in land use planning:

(i) retain significant landscapes and ecological attributes and heritage features as conservation zones;

(ii) restrict uses within conservation zones to those which sustain particular landscapes and ecological attributes and heritage features;

(iii) control adjoining use to minimise adverse impacts on conservation zones and optimise their conservation value; and

(iv) create, where possible, new conservation zones in compensation for areas of conservation value which are lost to development.

Items of value which merit conservation are identified in territorial, sub-regional and district planning exercises, special surveys undertaken by other departments or as the result of public views. However, plans which include conservation use have to be seen in a wider context and take into account the need to provide adequate space for development needs. The challenge is to combine these different uses into acceptable and realistic plans which take account of territorial growth and principles of sustainable development.

Protecting Natural Landscapes and Habitats

A8 Natural landscapes and habitats may be gazetted as Country Parks or Special Areas (Country Parks Ordinance Cap 208), Restricted Areas (Wild Animals Protection Ordinance Cap 170), Water Gathering Grounds (Waterworks Ordinance Cap 102), conservation zones (Town Planning Ordinance Cap 131) or listed as Sites of Special Scientific Interest (SSSIs).

A9 Country Parks and Special Areas are designated under the Country Parks Ordinance and managed by the Agriculture and Fisheries Department (AFD) on the advice of the Country Parks Board. At present there are 21 Country Parks (area 40, 833 ha) and 14 Special Areas (area 1,639 ha), 11 of which are within Country Parks. Country Parks are designated for the purposes of nature conservation, countryside recreation and education; Special Areas are areas of government land with special interest and importance by reason of their flora, fauna, geological, cultural or archaeological features. The Country Parks Authority has established criteria for determining whether or not a particular location is suitable for designation as a Country Park or Special Area. The criteria include landscape quality, recreation potential, conservation value, size, land status and the practicality of management.

A10 The Wild Animals Protection Ordinance restricts access to designated areas of wildlife habitat. Restricted Areas under the Ordinance are implemented by the AFD although certain site management activities may be shared by others. Two Restricted Areas have been designated, the Mai Po Marshes and the Yim Tso Ha Egretry. In addition, the Ordinance protects local wildlife through both the prohibition of hunting territory-wide and the possession of scheduled protected wild animals or hunting appliances.

A11 Areas of conservation use may be declared as conservation zones under clause 4(1)(g) of the Town Planning Ordinance. These zones are shown on statutory plans which are approved by the Town Planning Board and this process is further discussed in the subsequent section on preparing plans to conserve natural landscapes and habitats.

A12 In April 1999, a Wetland Conservation Area and Wetland Buffer Area was recommended as a result of the findings of the Fishpond Study, and subsequently adopted by the Town Planning Board Guidelines in the Town Planning Board for Application for Developments within Deep Bay Area under Section 16 of the Town Planning Ordinance (TPB. PG – No. 12B 1999).

A13 SSSIs may be land based or marine sites which are of special interest because of their flora, fauna, geographical, geological or physiographic features. SSSIs are identified by the AFD and the Planning Department maintains a register of sites. Once identified, SSSIs are shown on statutory and departmental plans prepared by the Planning Department. Inter-relationships between land uses can be quite subtle. An SSSI declared as a wildlife habitat may only be sustainable if the wider surroundings remain rural so as to provide feeding grounds. Similarly, a wetland site may only be sustained if a particular water source is protected.

A14 The Government recognises the need to protect marine and wetland habitats. AFD is responsible for the implementation of future marine parks/reserves. Important wetlands may be declared as being of international importance under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (known as the `Ramsar' Convention). Parties to the Convention may designate sites for inclusion in the List of Wetlands of International Importance which is administered by the Bureau of the Convention. The Ramsar Convention states that "wetlands should be selected for the List on account of their international significance in terms of ecology, botany, zoology, limnology or hydrology. In the first instance, wetlands of international importance to waterfowl at any season should be included". The Mai Po Marshes (a restricted area and a SSSI) the intertidal mudflat at Inner Deep Bay and the fishponds in Buffer Zone 1 have been designated as a Ramsar Site since September 1995.

Statutory Plans

A15 The Town Planning Ordinance permits statutory land use zones under clause 4(1)(g) for `country parks, coastal protection areas, sites of special scientific interest, green belts or other specified uses that promote conservation or protection of the environment'. Conservation zones for statutory plans are:

(i) SSSI to conserve and to protect fauna and flora and other natural features with special scientific value.

(ii) Country Park to encourage recreation and tourism, protect vegetation and wildlife, preserve and maintain buildings and sites of historical or cultural significance within country parks and to provide facilities and services for the public enjoyment of the country.

(Note: The term `Country Parks' includes `Special Areas' designated under the Country Parks Ordinance.)

(iii) Coastal Protection Area to retain natural coastline.

(iv) Conservation Area to retain existing natural features and rural use.

(v) Green Belt to define the limits of urban development areas by conserving landscape features.

Visual Assessment and Landscaping, and Impacts on Sites of Cultural Heritage

A16 The current legislation relating to landscape and visual impacts of development in Hong Kong is the Environmental Impact Assessment Ordinance [Cap. 499] enacted in April 1998. Other than EIAO, the older HKPSG Chapter 10: Landscape and Conservation also contains recommendations about developments in agricultural areas, woodlands, water gathering grounds, areas of freshwater fish culture, scenic and potential recreation areas, also provided guidelines for reducing adverse environmental effects of development in rural areas. Landscape and Visual Assessment is assessed according to the criteria and methods stated in Annex 3, 10 and 18 of TMEIA and recommendations of HKPSG. Recommendations covered include:

(i) Topography and site information:

Developments on hill tops, scenic ridges and prominent positions should be avoided wherever possible. Site layout, road alignments, etc. should follow and relate to the natural contours. Overall, formation work and site disturbance should be minimised.

In scenic areas, opportunities should be taken to use local landform and any excavated material available to `fit' the development into the ground form, soften the geometric outline of buildings, and screen ancillary features from view.

Developments should be sited and planned to minimise long term visual impact.

(ii) Retention of existing vegetation:

Developments should be sited so as to retain existing woodlands, groups of trees and feature trees wherever possible.

Retention of trees on development sites is made easier if non-building areas are specified to include all significant tree features and suitable conditions to ensure these areas are protected and included in development proposals.

Advice should be sought from Agriculture, Fisheries and Conservation Department, Buildings Department, Architectural Services Department, Food and Environmental Hygiene Department and Leisure and Cultural Services Department, on regulations governing the felling of trees, the suitability of trees for retention and the possible occurrence of important flora and fauna.

(iii) Site layout, overhead services alignments, etc.:

The appropriate siting and design of development is often crucial for the maintenance of the landscape in rural areas. Building layouts that avoid regular repetitive or geometric forms and that relate well to natural landforms are preferred.

Views from surrounding areas should be taken into account.

Overhead services should be aligned to minimise visual impact and below ground routes should be preferred in sensitive areas.

(iv) Building design and landscape treatment:

In areas of scenic importance, building design should be sympathetic with the surrounding landscape and the general rural environment.

The preparation and implementation of landscape plans should be a requirement on all major developments and, as a general rule, for developments in scenic areas. Landscape Plans should include all or most of the following:

(a) A framework of tree planting to separate, screen and complement buildings;

(b) Shrub and ground cover on the periphery of the site where this is open to public view;

(c) Re-vegetation of excavated areas and formed slopes not built upon, consistent with geotechnical requirements; and

(d) Proposals to ensure that the vegetation to be established is maintained or self-sustaining.

A17 HKPSG also provides the following guidelines for roadside planting which are applicable in both the urban and rural context:

(i) Wherever possible, existing trees and woodlands are to be retained. Where this proves impractical, all possible efforts should be made to transplant suitable healthy trees either elsewhere on site or in the near vicinity.

(ii) Wherever possible, footways, median strips and road side areas should be designed to accommodate planting. Transport Department, Highways Department and Fire Services Department should be consulted. In areas where planting is intended, special consideration to the location of utility services may be required.

(iii) Roadside and median plantings can also temper the environment, reduce vehicle pollution to a degree and screen traffic and other uses.

(iv) Major planting belts (structure plantings) should be wide enough to be usable for recreation and be heavily planted. Where a buffer for polluting uses is intended a wide planting is needed (say 45 m).

(v) Intersections (especially grade separated) occupy large areas and present scope for heavy planting and contouring. Care must be taken with sight lines, and the Territory Development Department should be consulted.

(vi) Always consult with future maintenance authorities (Urban Services Department, Regional Services Department).

Noise

A18 HKPSG states that "The basic role of planning against noise is to provide an environment whereby noise impacts on sensitive uses are maintained at acceptable levels."

A19 For Designated Projects noise is assessed according to the criteria and methods in Annexes 5 and 13 of the TMEIAO. Evening and night time construction works, as well as commercial/industrial noise is controlled under the Noise Control Ordinance [Cap 400] of 1988 regulations and associated Technical Memoranda (TM). The following TM have been issued on:

(i) The Assessment of Noise from Places other than Construction Sites, Domestic Premises or Public Places (1997)

(ii) Noise from Construction Work other than Percussive Piling (2nd Ed. 1997)

(iii) Noise from Percussive Piling (1997)

(iv) Noise from Construction Works in Designated Area (1997)

A20 Noise Sensitive Receivers (NSRs) are defined by the EIAO TM and the Noise Control Ordinance (NCO TM) as follows:

(i) all domestic premises, including temporary housing accommodation;

(ii) hotels and hostels;

(iii) offices;

(iv) educational institutions, including kindergartens, nurseries and all others where unaided voice communication is required;

(v) places of public worship and courts of law;

(vi) hospitals, clinics, convalescences and homes for the aged, diagnostic rooms and wards;

(vii) amphitheatres and auditoria, libraries, performing arts centres and Country Parks.

A21 The appropriate Acceptable Noise Level (ANL) for a particular NSR is dependent on the character of the area in which the NSR is located, and the time of day under consideration. The Area Sensitivity Rating (ASR) is a function of the type of area within which the NSR is located and the degree of the effect on the NSR of particular Influencing Factors (IFs). IFs include any industrial area, major roads (ie. those with a heavy and generally continuous flow of vehicular traffic) and the area within the boundary of Hong Kong International Airport. Table A.1 shows the Area Sensitivity Ratings given by the Noise Control Ordinance.

Table A.1

Area Sensitivity Ratings

Degree to which NSR is affected Type of by IF Area containing NSR	Not Affected	Indirectly Affected	Directly Affected
(i) Rural area, including Country Parks or village type developments	A	B	B
(ii) Low density residential area consisting of low-rise or isolated high-rise developments	A	B	C
(iii) Urban area	B	C	C
(iv) Area other than above	B	B	C

Notes:

`Country Park' means an area that is designated as a country park pursuant to section 14 of the Country Parks Ordinance.

`Directly Affected' means that the NSR is at such a location that noise generated by the IF is readily noticeable by the NSR and is a dominant feature of the noise climate of the NSR.

`Indirectly Affected' means that the NSR is at such a location that noise generated by the IF, whilst noticeable at the NSR, is not a dominant feature of the noise climate of the NSR.

`Not Affected' means that the NSR is at such a location that noise generated by the IF is not noticeable at the NSR.

`Urban Area' means and area of high density, diverse development including a mixture of such elements as industrial activities, major trade or commercial activities and residential premises.

Construction Noise

A22 TM EIAO specifies criteria for assessing noise from daytime construction noise standards for 0100 to 1900 hours on any day not being a Sunday or general holiday, in Leq (30 mins) are:

• 75 dB(A) for all domestic premises including temporary housing accommodation, hotels and hostels

• 70 dB(A) for all educational institutions, including kindergartens, and nurseries

These levels assume that the premises utilizes open windows for ventilation.

A23 Despite any description or assessment made in the subsequent paragraphs, the Noise Authority will be guided by the relevant Technical Memorandum (Memoranda) in assessing an application, once filed for a Construction Noise Permit. He will consider all the factors affecting his decision taking contemporary situations / conditions into account. Nothing in this Report shall bind the Authority in making his decision. There is no guarantee that a Construction Noise Permit will be issued, if a permit is to be issued, the Authority shall include any condition he thinks fit and such conditions are to be followed while the works covered by the permit are being carried out. Failing which will lead to cancellation of the permit and prosecution action under the NCO.

A24 Noise restrictions are imposed during the evenings (19:00-23:00), night-time (23:00-07:00) and all day on Sunday and public holidays. For construction activities during these hours, a Construction Noise Permit (CNP) is required from the Environmental Protection Department (EPD). The CNP application will be assessed in accordance with the Basic Noise Levels (BNLs) given in the TM on Noise from Construction Works other than Percussive Piling. For construction work within a designated area involving the use of Specific Powered Mechanical Equipment (SPME) other than percussive piling and/or carrying out of prescribed construction works (PCW) the CNP application will be assessed in accordance with the BNLs given in the TM on Noise from Construction Work in Designated Area. These BNLs are shown in Table A.2.

Table A.2

Basic Noise Levels for General Construction Noise

ASR Time Period	A	B	C
All days during the evening (19:00-23:00), and general holidays (including Sundays) during the daytime and evening (07:00-23:00)	60* 45**	65* 50**	70* 55**
All days during the night-time (23:00-07:00)	45* 30**	50* 35**	55* 40**

* Construction work other than percussive piling in areas, and the construction work does not involve the use of SPME nor the carrying out of PCW.

** Construction work within a designated area involving the use of SPME other than percussive piling and/or carrying out of PCW.

A25 The PCW and SMPE are:-

(i) use of all handheld breakers

(ii) use of all bulldozers

(iii) use of all concrete lorry mixers

(iv) use of all dump trucks

(v) use of all vibratory hand held pokers

(vi) erection or dismantling of formwork or scaffolding

(vii) loading, unloading or handling of rubble, wooden boars, steel bars, wood or scaffolding material

(viii) hammering

A26 Noise criteria applied to control the noise from percussive piling is detailed in the TM on Noise from Percussive Piling. Any percussive piling requires a CNP from EPD. When considering the issue of a CNP, EPD compares the corrected noise level (CNL) with the Acceptable Noise Level (ANL) for the area. Table A.3 shows the ANLs for percussive piling.

Table A.3

Acceptable Noise Levels for Percussive Piling

NSR Window Type or Means of Ventilation	ANL (dB(A))
(i) NSR (or part of NSR) with no windows or other openings	100
(ii) NSR with central air conditioning system	90
(iii) NSR with windows or other openings but without central air conditioning system	85

Note: 10 dB(A) is deducted from the ANLs shown above for NSRs such as hospitals, medical clinics, education and other NSRs considered to be particularly sensitive to noise.

A27 The CNL relates to the tonality, impulsiveness and intermittency of the noise. In the event that the CNL exceeds the ANL, EPD will impose restrictions on the permitted hours of piling operation in accordance with Table A.4.

Table A.4

Permitted Hours of Percussive Piling Operation on or after 01.10.99

	Permitted hours of operation on any day not being a general holiday
CNL is less than 10 dB(A) below ANL	Nil
CNL is more than 10 dB(A) below ANL	07:00-19:00

A28 A Construction Noise Permit (CNP) must be applied for any kind of percussive piling carried out in the territory. Table A.5 lists the maximum permitted hours which can be obtained under the latest legislation not involving the use of diesel, pneumatic and/or steam hammer. By 2000, the use of diesel, pneumatic and/or steam hammers will be effectively phased out by stringent standards lowering acceptable no. 34 to less than 10 dB(A) below ANL. It is a summary of the information given in the Technical Memorandum On Noise From Percussive Piling, 1997, issued by the EPD under the NCO.

Table A5

Permitted Hours of Operation for the Carrying Out of Piling Work

Not Involving the Use of Diesel, Pneumatic and/or Steam Hammers

Amount by which Corrected Noise Level (CNL) exceeds Acceptable Noise Level (ANL), CNL-ANL	Permitted hours of operation on any day not being a general holiday
10 dB(A) < CNL – ANL	0800 to 0900 AND 1230 to 1330 AND 1700 to 1800
0 dB(A) < CNL - ANL £ 10 dB(A)	0800 to 0930 AND 1200 to 1400 AND 1630 to 1800
CNL - ANL £ 0 dB(A)	0700 to 1900

A29 The information required in an application for a CNP includes:

• a map (preferably 1:1000 scale) showing precise details of the site location, site limits and nearby noise sensitive receivers, e.g. residential buildings, schools, hospitals;

• location of any stationary powered mechanical equipment on site or, in the case of an application for a percussive piling permit, the piling zone or actual pile locations;

• details of time period (time of day, duration in days/weeks/months) for which the CNP is required;

• a description, including two photographs and identification codes, and number of units of each item of powered mechanical equipment to be used or, in the case of piling, details of the piling method and pile type including number of units; and

• details of any particularly quiet items of equipment or piling methods, special noise control measures to be employed on site, or any other information thought to be relevant.

A30 Despite any description or assessment made in the subsequent paragraphs, the Noise Control Authority will be guided by the relevant Technical Memorandum (Memoranda) in assessing an application, once filed, for a Construction Noise Permit. He will consider all the factors affecting his decision taking contemporary situations/conditions into account. Nothing in this Report shall bind the Authority in making his decision. There is no guarantee that a Construction Noise Permit will be issued. If a permit is to be issued, the Authority shall include any condition he thinks fit and such conditions are to be followed while the works covered by the permit are being carried out. Failing which will lead to cancellation of the permit and prosecution action under the NCO.

A31 During daytime works, EPD recommends that the advice in EPD's TM EIAO on construction noise abatement practice is followed.

Operational Noise

A32 Table 1A of Annex 3, TMEIA, states that noise levels from a new fixed source should be 5 dB(A) below the relevant ANL presented in the TM on The Assessment of Noise from Places other than Construction Sites, Domestic Premises or Public Places or the prevailing background noise level, whichever is lower. The ANL from the TM for a given NSR is presented in dB(A) in Table A.6 below.

Table A.6

Acceptable Noise Levels during Operations

ASR Time Period	A	B	C
Day (07:00-19:00) and Evening (19:00-23:00)	60	65	70
Night (23:00-07:00)	50	55	60

Rail Noise

A33 For rail noise, the TM EIAO specifies the acceptable noise limit at the facades of all noise sensitive buildings, as Lmax (2300 - 0700 hours) of 85 dB(A), and to comply with the Acceptable Noise Levels laid down in the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites as given in Table A.6.

Air Quality

A34 The principal legislation regulating air emissions in Hong Kong is the Air Pollution Control Ordinance (APCO) [Cap 311] of 1983 and its subsidiary regulations.

A35 The whole of the Territory has been divided into Air Control Zones. The study basically falls within the topographically confined Deep Bay Airshed.

A36 HKPSG states that "Air quality is affected by such factors as the emission rate of air pollutants, the separation distance between emission sources and receptors, topography, height and width of buildings as well as meteorology."

A37 The Air Pollution Control (Construction Dust) Regulations has been implemented in 1997. These regulations are to control the dust emission from construction sites by a notification and permit procedure.

Operational Emissions

A38 The Hong Kong Air Quality Objectives (AQOs) state the maximum acceptable concentration of air pollutants. The AQOs for one and 24 hour concentrations of five major pollutants are shown in Table A.9. The Government aims to achieve the AQOs throughout the Territory as soon as `reasonably practicable'. Efforts are being made to control and reduce air pollution emitters in areas where the AQOs are already exceeded, eg. by controlling new developments. The AQOs will apply to the operational phases of the project.

Construction Dust

A39 During the construction phase of the project, an hourly average TSP limit of 500 μg/m³ is recommended by EPD for assessing construction dust impacts. This limit is not statutory, but nonetheless has been used in many construction works in Hong Kong as a contractual requirement.

A40 The HKPSG recommends that any open storage areas should be located at least 100 m from any air sensitive receiver.

Cement and Concrete

A41 Cement works in which the total silo capacity exceeds 50 tonnes and in which cement is handled fall under the Specified Processes under the Air Pollution Control Ordinance. A licence from EPD is required to operate such a works.

A42 Technical Memoranda have been issued on:

(i) Specifying Air Quality Objectives for Hong Kong (Table A.9);

(ii) Issuing Air Pollution Abatement Notices to Control Air Pollution from Stationary Pollution Processes.

Other subsidiary regulations issued are as follows:

A1 - Furnaces, Ovens and Chimneys (Installation and Alteration) Regulations.

B1 - Dust and Grit Emission Regulations.

C1 - Smoke Regulations.

D1 - Appeal Board.

E1 - Air Control Zones (Declaration and Consideration) Order.

F1 - Specified Processes.

G1 - Specification of Required Particulars and Information.

H1 - Consolidation Statement of Air Quality Objectives.

I1 - Fuel Restriction

J1 - Vehicle Design Standards (Emission) Regulations.

Table A.9

Air Quality Objectives

Pollutant	Concentration (μg)m^3					Health effects of pollutant at elevated ambient levels
	Average Time
	1hr	8hrs	24hrs	3mths	1yr
Sulphur Dioxide	800²		350^3		80	Respiratory illness; reduced lung function; morbidity and mortality rates increase at higher levels.
Total Suspended Particulate			260^3		80	Respirable fraction has effects on health.
Respirable Suspended Particulates			180^3		55	Respiratory illness; reduced lung function; cancer risk for certain particles; morbidity and mortality rates increase at higher levels.
Nitrogen Dioxide	300²		150^3		80	Respiratory irritation; increased susceptibility to respiratory infection; lung development impairment.
Carbon Monoxide	30000²	10000^3				Impairment of co-ordination; deleterious to pregnant women and those with heart and circulatory conditions.
Photochemical Oxidants as ozone	240²					Eye irritation; cough; reduced athletic performance; possible chromosome damage.
Lead				1.5		Affects cell and body processes; likely neuro-psychological effects, particularly in children; likely effects on rates of incidence of heart attacks, strokes and hypertension.

Notes: Concentrations measured at 298°K (25°C) and 101.325 kPA

1 Suspended particles in air with a nominal aerodynamic diameter of 10 μm or smaller

2 Criteria not to be exceeded more than 3 times per year

3 Criteria not to be exceeded more than once per year

A43 In order to obtain a licence to conduct a Specified Process, EPD may require the applicant to submit an air pollution control plan for the process. This will include:

(i) a description and technical particulars of the plant or equipment that may evolve an air pollutant;

(ii) details of pollution control equipment or measures proposed to minimise emissions and comply with the requirement to use the best practicable means of controlling air pollution;

(iii) a description (with maps) to identify sensitive receivers, eg. residential buildings, schools, hospitals;

(iv) an assessment of the resulting air quality and risk to human health, including supporting calculations and information;

(v) a statement that the best practicable means of controlling air pollution has been adopted or is proposed, including supporting calculations and information;

(vi) a plan for, or scheme of, monitoring the emission at source or the ambient concentration of any air pollutant.

A44 The HKPSG recommends that any concrete batching plants and open storage areas should be located at least 100 m from any air sensitive receiver.

Water Quality

A45 The TMEIA specifies criteria for evaluating water pollution to be:

· water quality, in terms of compliance with Water Quality Objectives for the water body under study;

· hydrology, in relation to mixing zone criteria;

· bottom sediments and ecology;

· stress status of water body; and

· cumulative impacts from other projects.

A46 Project specific criteria which need to be evaluated include:

· waste discharges;

· dumping of wastes;

· stormwater runoff; and

· release of toxic or prohibited substances.

A47 In the assessment of the significance of identified impacts, the existing water quality of the water bodies must be determined and the assimilative capacity of the receiving water body evaluated to identify the need for mitigation of impacts.

A48 Particular attention must be paid to activities which involve discharges containing toxic components, and the adequacy of existing treatment systems assessed. The presence of reclamations, or other works which affect water flow must be taken into account in assessing impacts. Non-point pollution sources and stormwater discharges must be considered for all new developments, and devices to control pollution incorporated into the drainage system.

A49 The principal legislation for controlling water pollution in Hong Kong is the Water Pollution Control Ordinance (WPCO) [Cap 358] of 1981 which allows for gazette of Water Control Zones (WCZ) within which the discharge of liquid effluents and the deposit of matter into any water bodies, public sewers and drains are controlled. The WPCO is applicable for construction site discharges as well as for discharges during the operational phase.

A50 The Study Area falls within the Deep Bay Water Control Zone, which was declared on 1 December 1990. Deep Bay (Hau Hoi Wan) is affected by pollution from various sources both within and outside Hong Kong. The water quality objectives for Deep Bay are presented in Table A.10.

Table A.10

Statement of Water Quality Objectives

(Deep Bay Water Control Zone)

Sections relevant to the Project

Water Quality Objective		Part or Parts of Zone
A.	AESTHETIC APPEARANCE
	(a) Waste discharges shall cause no objectionable odours or discolouration of the water.	Whole Zone
	(b) Tarry residues, floating wood, articles made of glass, plastic, rubber or of any other substances should be absent.	Whole Zone
	(c) Mineral oil should not be visible on the surface. Surfactants should not give rise to a lasting foam.	Whole Zone
	(d) There should be no recognisable sewage-derived debris.	Whole Zone
	(e) Floating, submerged and semi-submerged objects of a size likely to interfere with the free movement of vessels, or cause damage to vessels, should be absent.	Whole Zone
	(f) Waste discharges shall not cause the water to contain substances which settle to form objectionable deposits.	Whole Zone
B.	BACTERIA
	(a) The level of Escherichia coli should not exceed 610 per 100 mL, calculated as the geometric mean of all samples collected in one calendar year.	Secondary Contact Recreation Subzone and Mariculture Subzone (L.N. 455 of 1991)
	(b) The level of Escherichia coli should be zero per 100 mL, calculated as the running median of the most recent 5 consecutive samples taken at intervals of between 7 and 21 days.	Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone, Ganges Subzone and Water Gathering Ground Sub-zones
C.	COLOUR
	(a) Waste discharges shall not cause the colour of water to exceed 30 Hazen units.	Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone, Ganges Subzone and Water Gathering Ground Subzones
D.	DISSOLVED OXYGEN
	(a) Waste discharges shall not cause the level of dissolved oxygen to fall below 4 milligrams per litre for 90% of the sampling occasions during the year; values should be taken at 1 metre below surface.	Inner Marine Subzone excepting Mariculture Subzone
	(c) The dissolved oxygen level should not be less than 5 milligrams per litre for 90% of the sampling occasions during the year; values should be taken at 1 metre below surface.	Mariculture Subzone
	(d) Waste discharges shall not cause the level of dissolved oxygen to be less than 4 milligrams per litre.	Yuen Long & Kam Tin (Upper and Lower) Subzones, Beas Subzone, Indus Subzone, Ganges Subzone, Water Gathering Ground Subzones and other inland waters of the Zone
E.	PH
	(a) The pH of the water should be within the range of 6.5-8.5 units. In addition, waste discharges shall not cause the natural pH range to be extended by more than 0.2 units.	Marine waters excepting Yuen Long Bathing Beach Subzone
	(b) Waste discharges shall not cause the pH of the water to exceed the range of 6.5-8.5 units.	Yuen Long & Kam Tin (Upper and Lower) Subzones, Beas Subzone, Indus Subzone, Ganges Subzone and Water Gathering Ground Subzones
F.	TEMPERATURE
	Waste discharges shall not cause the natural daily temperature range to change by more than 2.0^oC.	Whole Zone
G.	SALINITY
	Waste discharges shall not cause the natural ambient salinity level to change by more than 10%.	Whole Zone
H.	SUSPENDED SOLIDS
	(a) Waste discharges shall neither cause the natural ambient level to be raised by 30% nor give rise to accumulation of suspended solids which may adversely affect aquatic communities.	Marine waters
	(b) Waste discharges shall not cause the annual median of suspended solids to exceed 20 milligrams per litre.	Yuen Long & Kam Tin (Upper and Lower) Subzones, Beas Subzone, Ganges Subzone, Indus Subzone, Water Gathering Ground Subzones and other inland waters
I.	AMMONIA
	The un-ionized ammonical nitrogen level should not be more than 0.021 milligram per litre, calculated as the annual average (arithmetic mean).	Whole Zone.
J.	NUTRIENTS
	(a) Nutrients shall not be present in quantities sufficient to cause excessive or nuisance growth of algae or other aquatic plants.	Inner and Outer Marine Subzones
	(b) Without limiting the generality of objective (a) above, the level of inorganic nitrogen should not exceed 0.7 milligram per litre, expressed as annual mean.	Inner Marine Subzone
K.	5-DAY BIOCHEMICAL OXYGEN DEMAND
	(a) Waste discharges shall not cause the 5-day biochemical oxygen demand to exceed 3 milligrams per litre.	Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone, Ganges Subzone and Water Gathering Ground Subzones
L.	CHEMICAL OXYGEN DEMAND
	(a) Waste discharges shall not cause the chemical oxygen demand to exceed 15 milligrams per litre.	Yuen Long & Kam Tin (Upper) Subzone, Beas Subzone, Indus Subzone, Ganges Subzone and Water Gathering Ground Subzones.
M.	TOXINS
	(a) Waste discharges shall not cause the toxins in water to attain such level as to produce significant toxic carcinogenic, mutagenic or teratogenic effects in humans, fish or any other aquatic organisms, with due regard to biologically cumulative effects in food chains and to toxicant interactions with each other.	Whole Zone
	(b) Waste discharges shall not cause a risk to any beneficial uses of the aquatic environment.	Whole Zone

A51 The TM on Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland and Coastal Waters was issued in 1991. Under the provisions of this TM, all discharges must be licensed. Tables included within the document identify standards related to effluent flow rates ranging from <200 m³/day to 3,000 m³/day, providing guidance on a case-by-case basis. To illustrate this, standards for Group B inland water discharges are shown in Table A.11.

Table A.11

Standards for Effluents discharged into Group B inland waters

Flow rate (m³/day) Determinant	£200	>200 and £400	>400 and £600	>600 and £800	>800 and £1000	>1000 and £1500	>1500 and £2000	>2000 and £3000
pH (pH units)	6.5-8.5	6.5-8.5	6.5-8.5	6.5-8.5	6.5-8.5	6.5-8.5	6.5-8.5	6.5-8.5
Temperature (^oC)	35	30	30	30	30	30	30	30
Colour (lovibound units) (25 mm cell length)	1	1	1	1	1	1	1	1
Suspended solids	30	30	30	30	30	30	30	30
BOD	20	20	20	20	20	20	20	20
COD	80	80	80	80	80	80	80	80
Oil & Grease	10	10	10	10	10	10	10	10
Iron	10	8	7	5	4	3	2	1
Boron	5	4	3	2.5	2	1.5	1	0.5
Barium	5	4	3	2.5	2	1.5	1	0.5
Mercury	0.001	0.001	0.001	0.001	0.001	0.001	0.001	0.001
Cadmium	0.001	0.001	0.001	0.001	0.001	0.0001	0.001	0.001
Selenium	0.2	0.2	0.2	0.2	0.2	0.1	0.1	0.1
Other toxic metals individually	0.5	0.5	0.2	0.2	0.2	0.1	0.1	0.1
Total toxic metals	2	1.5	1	0.5	0.5	0.2	0.2	0.2
Cyanide	0.1	0.1	0.1	0.08	0.08	0.05	0.05	0.03
Phenols	0.1	0.1	0.1	0.1	0.1	0.1	0.1	0.1
Sulphide	0.2	0.2	0.2	0.2	0.2	0.2	0.2	0.2
Fluoride	10	10	10	8	8	8	5	3
Sulphate	800	800	600	600	600	400	400	400
Chloride	1000	1000	800	800	800	600	600	400
Total phosphorus	10	10	10	8	8	8	5	5
Ammonia nitrogen	5	5	5	5	5	5	5	5
Nitrate + nitrite nitrogen	30	30	30	20	20	20	10	10
Surfactants (total)	5	5	5	5	5	5	5	5
E-coli (count/100 ml)	100	100	100	100	100	100	100	100

Note: All units in mg/L unless otherwise indicated; all figures are upper limits unless otherwise indicated.

Water Pollution Control (Sewerage) Regulation

A52 The Water Pollution Control (Sewerage) Regulation was enacted in June 1994 to require owners of ancyroid properties to connect their discharge of wastewater to the public sewerage system and to provide control over operation and maintenance of private treatment facilities. This regulation specifies the gazetted procedures for infrastructure works. This legislation will reduce wastewater discharges direct to environment and lead to water quality improvements in areas served by the public sewerage system. The requirements have been defined in a Technical Circular issued by EPD, ProPECC PN 1/94 on Construction Site Drainage.

Construction Site Discharges

A53 Advice on the handling and disposal of construction site discharges, including site runoff and contaminated wastewaters, is provided in the ProPECC Paper (PN1/94) on Construction Site Drainage.

A54 The Livestock Waste Control Scheme (LWCS) to the Waste Disposal (Livestock Waste) Regulations was implemented on 24th June 1988 under the Waste Disposal Ordinance (Cap. 354). The LWCS was reviewed and a new implementation programme was adopted in April 1994 under the Amendment of the Waste Disposal (Livestock Waste) Regulations.

Discharge Standards

Restriction Area	Phased Implementation of Discharge Standards^@
	250:250	100:100	50:50
10R, 13R & 14R	1 Jul 1995	1 Jul 1996	1 Jul 1997
11R	1 Jul 1994*	1 Jul 1996	1 Jul 1997
16R, 18R, 19R, 21R, 23R-25R	1 Jan 1996	1 Jan 1997	1 Jan 1998
Control Area
10, 12-14	1 Jul 1995	1 Jul 1996	1 Jul 1997
11	1 Jul 1994	1 Jul 1996	1 Jul 1997
15-17	1 Jul 1996	1 Jul 1997	1 Jul 1998
18-25	1 Jul 1997	1 Jul 1998	1 Jul 1999

Important Note:

@ in addition to meeting the above phased implementation programme, any farm that is new or restarts business after acceptance of the ex-gratia allowance must immediately comply with the discharge standard of 250:250 as soon as it starts ore restarts its business. Any failure to comply fully with the control requirements would result in enforcement and prosecution action.

1 July 1995 for farms on Lantau Island other than in Mui Wo Environs.

Waste Oil

A55 The disposal of waste oil and other chemicals is controlled by the regulations for chemical waste control under the Waste Disposal Ordinance. Chemical wastes must be disposed of at a licensed chemical waste disposal facilities. The Chemical Waste Treatment Centre (CWTC) at Tsing Yi is one of the facilities licensed to allow disposal of waste oil. Waste oil may also be disposed of at other licensed disposal sites.

Zero Discharge Policy

A56 EPD operates a policy of “zero discharge” for new developments discharging into the Deep Bay Water Control Zone. Under this policy, measures must be put in place to ensure that there is no net increase in pollution load as a result of the development.

Solid Waste

A57 In the TMEIA, the criteria for assessing waste management implications are listed as follows:

(a) provide adequate, environmentally acceptable waste handling, storage, collection, transfer, treatment and disposal facilities to deal with waste arising from the development;

(b) meet all the relevant requirements under the Waste Disposal Ordinance and its Regulations;

(c) provide proper handling, storage, collection and disposal of waste generated during construction phase in accordance with the requirements of the Waste Disposal Ordinance and the Dumping at Sea Ordinance;

(d) provide adequate facilities to facilitate waste reduction and explore beneficial use of waste generated, taking into account:

- the quantity of waste arising;

- the physical and chemical nature of the waste materials;

- all practicable on site measures to render the waste acceptable for beneficial use;

- the availability of outlets for beneficial use of the waste in Hong Kong;

- the environmental effect in any waste reduction practice and additional handling of waste for beneficial use;

(e) explore alternatives which generate minimal amount of waste through design modifications and programming of works; and

(f) for residential and community developments cost to existing landfills, adequate safety and precautionary measures to avoid or minimise the risks due to landfill gas (LFG) migration or leachate contamination. In particular, for development or re-development that is within 250 m of the edge of waste, a landfill gas hazard assessment is typically required to assess the risk associated with LFG and, where necessary, design adequate precautionary/protection measures to render the proposed development as safe as reasonably practicable.

A58 In assessing the potential waste impacts from a proposed project, specific activities or industries must be considered, particularly if they have special requirements for disposal. Such activities include:

· Offensive Trades

· Chemical Waste Producing Industries

· Livestock rearing

· Community Facilities with special waste disposal requirements

A59 A waste management plan must be prepared describing methods for reducing wastes, recycling and re-using wastes, and, if they require disposal, techniques need to be included for collecting, handling and transporting the waste materials, and identifying facilities for disposal.

A60 Chapter 9 of HKPSG states, in Section 6 - Waste Management that "The Government's overall objectives for waste management planning are to ensure:

(a) the adequate provision of facilities for cost-effective and environmentally satisfactory disposal of all wastes; and

(b) the availability of and proper enforcement of legislation on storage, collection, transport, treatment and disposal of wastes, to safeguard the health and welfare of the community from any adverse environmental effects."

A61 Disposal of chemical, household, street, trade and livestock waste is controlled by the Waste Disposal Ordinance [Cap 354] of 1980. This legislation covers all aspects of the production, storage, collection and disposal, including the treatment, reprocessing and recycling of waste. In 1989, the formulation of a strategic Waste Disposal Plan for Hong Kong was founded on this legislation.

A62 Construction waste generated during the construction phase should be sorted on site into inert and non-inert fraction for reuse and recycling as far as practical. The non-inert fraction containing no more than 30% by weight of inert content can be disposed of at landfills, whilst the inert fraction should be delivered to public dumps or other reclamation sites. Inert material means soil, rock, asphalt, concrete, brick, cement plaster/mortar, building debris, aggregates, etc.

A63 Handling and disposal of chemical wastes including oils and grease are covered by the Waste Disposal (Chemical Waste) (General) Regulations. Design of oil/fuel storage facilities is covered by the Code of Practice for Oil Storage Installations, 1992 issued by the Building Authority and the handling of chemical spillages on land is regulated by the Fire Services Department.

A64 Dredging and dumping for land formation is controlled under the Foreshore and Sea Bed Reclamations Ordinance [Cap 127] (1985) and the Dumping at Sea Act (1974) Overseas Territories Order (1975) respectively. The former provides for the control of reclamation and use of foreshore and seabed. The latter prohibits dumping at sea without a licence.

A65 Guidelines and Standards on Contaminated Sediments are currently subject to review and may soon be changed. The current classification system is given below.

Table A.12

Classification of Sediments by Metal Content (mg/kg dry weight)

	Cd	Cr	Cu	Hg	Ni	Pb	Zn
Class A	0.0-0.9	0-49	0-54	0.0-0.7	0-34	0-64	0-140
Class B	1.0-1.4	50-79	55-64	0.8-0.9	35-39	65-74	150-190
Class C	1.5 or more	80 or more	65 or more	1.0 or more	40 or more	75 or more	200 or more

Note: Tests results should be rounded off to two significant figures before comparing with the table, e.g. Cd to the nearest 0.1 mg/kg, Cr to the nearest 1 mg/kg, and Zn to the nearest 10 mg/kg, etc.

Operational Waste

A66 Furthermore, waste reception and transfer facilities should be sited so that any adjacent development is very well buffered. For facilities handling the reception and disposal of dusty or odoriferous wastes, special precautions should be taken to avoid nuisance to surrounding areas. Note should be taken of prevailing wind direction and subsequent potential for nuisance.

HKPSG, Chapter 9, Section 6

Refuse Collection Points (Municipal Councils)

Provision in Urban and New Town Areas

A67 A refuse collection point (RCP) is required to serve the needs of each population of 20,000 persons or areas within 500 m. In industrial or commercial areas, or in areas where adequate private facilities are, or will be available, this level of provision may need to be adjusted to suit anticipated needs. The Director of Urban Services and the Director of Regional Services should be consulted on detailed requirements.

A68 For road safety reasons, new RCPs should be planned to allow head-in-head-out movements of refuse collection vehicles (RCVs). A gross site area of not less than 294 m² with a minimum width of 14 m) is required in the case of island or corner sites.

General Location and Design Guidelines

A69 RCPs should be sited so as to minimise disruption to traffic or the creation of traffic safety hazards. RCPs should therefore not be located on trunk or primary distributor roads, on steep roads, or locations where turning trucks may create traffic problems.

A70 Adequate provision of off-street (enclosed) parking of bulk collection vehicles and separate access for the public and private refuse collectors should be provided where appropriate.

A71 The location and design of RCPs should aim to minimise nuisance to the public and people living and working nearby, where appropriate, by enclosing the whole facility and if necessary, through the provision of odour control equipment and ventilation. Water points should be a minimum requirement for all RCPs for cleaning purposes, design features such as air/exhaust cleaning, high-pressure water cleaning and leachate drainage and disposal should be incorporated. Architectural design of RCPs should also incorporate landscaping wherever possible as visual screening to, and as a buffer from adjacent sensitive land uses.

A72 Due to difficulties in finding suitable sites for RCPs especially in the built-up areas, RCPs should be incorporated in large-scale developments of both public and private sectors. To reduce the need for waste handling and minimise potential nuisance problems, appropriate waste collection and handling facilities should be included in these large-scale developments and redevelopments.

Provision of Refuse Collection Facilities in Private Residential, Commercial and Composite Building Developments

A73 The provision of refuse collection facilities in private residential, commercial and composite commercial/residential building developments should comply with the Building (Refuse Storage Chambers and Chutes) Regulations. The two Municipal Councils may stipulate certain conditions regarding the removal of household waste from premises under the Public Cleansing and Prevention of Nuisances (Urban Council/Regional Council) By-laws.

A74 The floor space and vehicular requirements of refuse storage chambers under the Building (Refuse Storage Chambers and Chutes) Regulations are summarised in Table A.13.

Table A.13

Summary of Requirements of Refuse Storage Chambers

in Private Residential, Commercial and Composite Building Developments

Description of Building	Total Usable Floor Space (UFS) (m^2)	Description of Storage Chamber	Minimum Floor Space of Storage Chamber
Residential Building	>1,320 to <13,200	Storage chamber	Total UFS in m^2 divided by 440
	>13,200	Storage chamber with vehicular access
Commercial Building	>3,960 to <39,600	Storage chamber	Total UFS in m^2 divided by 1,320
	>39,600	Storage chamber with vehicular access
Composite Commercial/ Residential Building	Aggregate of >1,320 to <13,200	Storage chamber	Aggregate of the total UFS of the residential building component in m^2 divided by 440
	Aggregate of >13,200	Storage chamber with vehicular access	Aggregate of the commercial building component in m^2 divided by 1,320

Provision in Public Housing Estates

A75 Whilst the above standards and guidelines are related to provision of RCPs in urban, new town and rural areas, they do not apply to public housing estates which are subject to separate provision standard and design criteria for refuse collection. The present and proposed refuse collection systems within public housing estates are outlined in the "Guidelines for Refuse Collection in Public Housing Estates" included in this Appendix and described below:

a) Refuse Storage Chambers: standard provision incorporated in each domestic block which provides sufficient daily storage. Depending on the size of the individual block, one refuse bin with a minimum area allowance of 2.0 m² should be provided for every 35 flats.

b) Refuse Storage Areas: temporary holding areas designed to accommodate the storage of refuse bins awaiting collection. The location should aim to minimise nuisance to the public and the estate tenants living nearby and should be within the shortest distance practicable from the domestic blocks they serve. The minimum allowance should be 2.5 m² per bin.

c) RCPs in Buildings: a totally enclosed structure which allows entry of RCVs for collection of refuse generally associated with commercial centres. They are normally built as part of the commercial centres provision. One centralised RCP should be provided for an estate of 3,000 flats or less.

d) Junk Collection Points: a separate storage area for those items which cannot be handled by the normal refuse collection service. They should be an independently designed structure apart from with the refuse storage chamber or refuse storage area. Normally, an estate with 2,500 flats or less would require one junk collection point of 20 m² minimum. An estate of 2,500 flats or more would require two junk points of 20 m², or one of 40 m² minimum.

Guidelines for Community Facilities with Special Requirements for Waste Disposal

A76 When planning these community facilities, allowance should be made for adequate space provision for the storage, collection and disposal of solid wastes. This should be in the form of a refuse storage area on the ground floor (or any floor with direct vehicular access). The area should be close to the goods lift and there should be adequate provision for off-street vehicular access for loading of RCVs. The refuse storage chambers should be built to similar standards as those required for residential developments under the Building (Refuse Storage Chambers and Chutes) Regulations.

Markets and Cooked Food Stalls

A77 Many of the wastes produced by these facilities are highly putrescible. Adequate refuse storage area should be provided and located so as to minimise potential nuisance to the public and people living and working nearby. Animal carcasses, commonly generated by the activities within these facilities, should be segregated from other waste streams and separate temporary storage and collection facilities be provided. The facilities should preferably be confined in covered areas and grease traps should be provided to prevent chokage of sewers.

Hospitals/Clinics

A78 All clinical wastes should be separately collected from other municipal wastes. All clinical wastes must be disposed of in specially designed pathological incinerators.

Refuse Transfer Stations

A79 A refuse transfer station (RTS) provides a regional and sub-regional destination for unloading of refuse collection vehicles, where the waste is containerised for haulage in bulk to a final disposal facility. A RTS aims primarily at reducing the cost of transporting waste and minimising environmental nuisance by better containment of waste. Consideration should be given to providing such a facility for handling 500-2,000 tonnes a day of waste in the Urban Area, equivalent to 500,000 - 2 million population, or 100 ‑ 1,000 tonnes in the NT, equivalent to 100,000 - 1 million population. A site area of between 1 and 2 hectares is required for each such facility.

A80 A RTS should be centrally located in the waste catchment it serves, preferably on the water front, with barge access. To minimise incompatibility with adjacent sensitive land uses, a RTS should be sited in an industrial or other non-sensitive area or, if possible, underground. Sufficient space should be provided for reception and queuing of refuse collection vehicles (RCVs). Short vehicular access from and to major transport routes is preferred, to avoid traffic congestion and delays to RCVs. The adequacy of adjoining road capacities for the RCVs should be determined. Considerations should be given to the provision of fully enclosed stations and/or suitable barriers for odour and dust control. Adequate control measures should be provided to minimise the impacts and may include provisions for noise control of the machinery and the structure, leachate treatment/ disposal systems and installation of air/exhaust cleaning systems.

Ecology

Sites of Special Scientific Interest

A81 There are various legislative and regulatory controls in place for the conservation of species and protection of the environment. Table 1.2 from HKPSG's Chapter 9: Environment highlights "ecologically sensitive areas such as Sites of Special Scientific Interest (SSSI) and areas with other particular vegetation and wildlife habitat characteristics" as Environmental Factors influencing Land Use Planning, and states that Nature Reserves and SSSI should be adequately protected from the effects of pollution and from the diversion of natural flows.

TM for EIA

A82 The TM for EIA Process provides criteria for evaluating ecological importance as well as assessment and mitigation guidelines. Criteria for evaluating ecological impacts and general criteria for evaluating ecological importance of a site or species is given in Annex 8, and for assessment and mitigation in Annex 16.

Criteria for Evaluating Ecological Impact

A83 Annex 8 provides examples of important habitats in the Territory, and criteria for evaluating a site or species. These criteria are listed in Table A.6 below.

Assessment and Mitigation Guidelines

A84 Annex 16 gives the guidelines for ecological assessment and mitigation. The need for an ecological assessment for this project is stated in the brief.

The five parts of an ecological assessment are given in the TM (Annex 16 (4)) as:

(1) Provision of comprehensive and accurate information of the baseline environment;

(2) Identification and prediction of potential ecological impacts;

(3) Evaluation of the significance of the impacts identified;

(4) Recommendations of effective and practicable alternatives and mitigation measures; and

(5) Recommendations of the need for and the scope of an appropriate monitoring and audit programme.

Important habitats include Recognized Sites of Conservation Interest (Annex 16, Appendix A, Note 1), as well as other habitats. The criteria for important habitats requiring assessment are partly based on their size, and are given in Table A14.

Table A.14

Minimum Size of Habitats Requiring Assessment or Considered to be Important

Habitat Type	TM on EIA Process Annex 8.2 Table (1) Note: examples of important habitat types	TM on EIA Process Annex 16, Appendix A, Note 2: important habitats where an ecological assessment is necessary	PELB Technical Circular No. 1/97& WBTC 4/97: Guidelines for Implementing the Policy on Off-site Ecological Mitigation Measures: examples of important habitat types
Woodland	mature native > 1 ha	> 1 ha	mature native > 1 ha
Undisturbed Natural Coast	> 1 ha or 500 metres long	> 1 ha or 500 metres long	> 1 ha or 500 metres long
Intertidal Mudflats	> 1 ha	> 0.5 ha	> 1 ha
Established Mangrove stands	any size	any size	any size
Freshwater or Brackish Marshes	> 1 ha	> 0.5 ha	> 1 ha
Established Seagrass Bed	any size	any size	any size
Natural Stream Courses and Rivers of Significant Length	> 500 metres long	> 100 metres	Unpolluted natural stream courses > 500 metres long
Other Wetlands defined by Ramsar but not Mentioned Above	(not included)	> 1 ha	(not included)
Established Coral Communities	any size	any size	any size
Other Habitats Considered to Have Special Conservation Importance by Documented Scientific Studies	no size criteria	no size criteria	no size criteria

A85 Annex 16 of the TM states that there is a general policy for mitigating impacts on important habitats and wildlife. The importance is established in the assessment process criteria given in the Table above. The policy for mitigation (Annex 16 (5.4.1 a-c)), in order of priority, is:

(1) Avoidance: adopting suitable alternatives, e.g. design;

(2) Minimize unavoidable impacts through relocation, programming, or restoration;

(3) Impacts that cannot be avoided or minimized may be compensated.

A86 The TM states a preference for on-site mitigation rather than off site (Annex 16, 5.4.3). Off-site compensation will only be considered when all other mitigation measures have been investigated and exhausted in the EIA process, and significant residual impacts (according to the criteria in Annexes 8 and 16) persist.

Guidelines for Implementing the Policy on Off-site Ecological Mitigation Measures - PELB Technical Circular No. 1/97

A87 Ecological impact is a product of the magnitude and scale of an impact and the asserted importance of the species or habitat(s) likely to be affected (TM Annex 16,5.3.1). Criteria for implementing policy on off-site mitigation found in PELB Technical Circular 1/97 give examples of important sizes of habitats. These are compared to the TM criteria in Table A14.

A88 The PELB Technical Circular provides guidelines for funding arrangements and implementation of off-site ecological measures.

Sites of Special Scientific Interest

A89 There are various legislative and regulatory controls in place for the conservation of species and protection of the environment. Table 1.2 from HKPSG's Chapter 9: Environment highlights "ecologically sensitive areas such as Sites of Special Scientific Interest (SSSI) and areas with other particular vegetation and wildlife habitat characteristics" as Environmental Factors influencing Land Use Planning, and states that Nature Reserves and SSSI should be adequately protected from the effects of pollution and from the diversion of natural flows.

A90 The HKPSG also highlight the need for care to be taken in planning and implementation of civil engineering construction works to avoid, minimise or ameliorate the occurrence of pollution from silt, oil and other sources on water bodies in unspoilt areas designated for conservation and in SSSIs.

Wild Animals

A91 Wild animals are protected by the Wild Animals Protection Ordinance [Cap 170] (1980), which fall under the authority of the Director of Agriculture and Fisheries. The latest version of Cap 170 is the Second Schedule of the Wild Animals Protection Ordinance [Cap 170] which has been reviewed in 1996. Protected wild animals listed under the Schedule include mammals, all wild birds, reptiles, amphibians and Troides helena (a butterfly).

A92 The Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) controls the possession of any endangered species and is designed to prohibit collection, import and export. In addition there are measures which cover the retention, removal and replacement of trees on development sites. The Wild Animals Protection Ordinance (Cap. 170) is aimed mainly at hunters and collectors, but does apply to this case under Section 5, "No person shall, except in accordance with a special permit, take, remove, injure, destroy or wilfully disturb a nest or egg of any protected wild animal."

Rare and Endangered Plant Species

A93 Various species of plants are protected under the Forestry Regulations of the Forestry and Countryside Ordinance [Cap 96] (1950) and Animals and Plants (Protection of Endangered Species) Ordinance [Cap 187] (1976). The Forestry and Countryside Ordinance [Cap 96] and Forestry Regulations [Cap 96 Sub. leg. A] were revised in 1993. The Animals and Plants (Protection of Endangered Species) Ordinance [Cap 187] has been revised in 1999.

A94 Regarding the specific protection laws, all forests on government land are protected under Hong Kong's Forests & Countryside Ordinance. The law (Cap. 96, section 21), states that:

"Any person who, without lawful authority or excuse, in any forest or plantation:-

(b) plucks or damages any bud, blossom or leaf of any tree, shrub or plant;

(d) fells, cuts, burns or otherwise destroys any trees or growing plants,

shall be guilty of an offence."

The law defines "forest" to mean, "any area of Crown land covered with selfgrown trees."

Section 3 of the subsidiary Forestry Regulation is more specific and provides a list of plants which are protected.

A95 Convention on Wetlands of International Importance especially as Waterfowl Habitat - Ramsar, 2.2.1971 as amended by the Protocol of 3.12.1982 and the Regina Amendments of 28.5.1987

"The Contracting Parties, recognising the interdependence of Man and his environment; considering the fundamental ecological functions of wetlands as regulators of water regimes and habitats supporting a characteristic flora and fauna, especially waterfowl; being convinced that wetlands constitute a resource of great economic, cultural, scientific, and recreational value, the loss of which would be irreparable; desiring to stem the progressive encroachment on and loss of wetlands now and in the future; recognising that waterfowl in their seasonal migrations may transcend frontiers and so should be regarded as an international resource; being confident that the conservation of wetlands and their flora can be ensured by combining far-sighted national policies with co-ordinated international action; have agreed as follows:

Article 2 - 5. "Any Contracting Party shall have the right ... because of its urgent national interests, to delete or restrict the boundaries of wetlands already included by it in the List and shall, at the earliest possible time, inform the organisation or government responsible for the continuing bureau duties specified in Article 8 of any such changes."

Article 2 - 6. "Each Contracting Party shall consider its international responsibilities for the conservation, management and wise use of migratory stocks of waterfowl, both when designating entries for the List and when exercising its right to change entries in the List relating to wetlands in their territory."

Article 3 - 1. "The Contracting Parties shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List, and as far as possible the wise use* of wetlands in their territory."

Article 3 - 2. "Each Contracting Party shall arrange to be informed at the earliest possible time if the ecological character or any wetland in its territory and included in the List has changed, is changing or is likely to change as the result of technological developments, pollution or other human interference."

Article 4 - 2. "Where a Contracting Party in its urgent national interest, deletes or restricts the boundaries of a wetland included in the List, it should as far as possible compensate for any loss of wetland resources, and in particular it should create additional nature reserves for waterfowl and for the protection, either in the same area or elsewhere, of an adequate portion of the original habitat."

Article 5. "The Contracting Parties shall consult with each other about implementing obligations arising from the Convention especially in the case of a wetland extending over the territories of more than one Contracting Party or where a water system is shared by Contracting Parties. They shall at the same time endeavour to co-ordinate and support present and future policies and regulations concerning the conversation of wetlands and their flora and fauna."

Bonn Convention

A96 Also through the PRC, Hong Kong is a Party to the Convention on the Conservation of Migratory Species of Wild animals (the Bonn Convention). The Bonn Convention has two major objectives:

• to provide strict protection for species listed in Appendix 1 of the Convention (migratory species in danger of extinction throughout all or a significant portion of their range); and

• to encourage Range States for such species to conclude agreements for the conservation and management of Appendix II species (migratory species which have an unfavourable conservation status and require international agreements for their conservation, or which have a conservation status which would significantly benefit from international cooperation).

Tree Preservation

A97 Works Branch Technical Circular 24/94 (Planning, Environment and Lands Branch Circular 3/94) on Tree Preservation states that:

"The need to preserve trees must be borne in mind particularly by those in charge of engineering, architectural and landscape projects ..... There are many projects such as ... service reservoirs, formation works and the like where virtually all trees and shrubs within the works area boundary may have to be destroyed. In these cases care should be taken to minimise the extent of the works area and thereby maximise the number of trees to be preserved."

A98 The most recent regulations and guidelines for tree preservation are contained in WBTC No. 24/94. Every effort should be made to preserve trees in the planning, design and construction of development projects (WBTC No. 24/94 para (4)) and, in general, permission to lop or cut down any tree will not be granted unless good cause is shown (WBTC No. 24/94 Appendix A, para (3)).

A99 The Director of Urban Services is the authority for felling or maintenance of trees located within 5 m of the edge of a roadway. The Director of Lands is the Land Authority, therefore applications for felling are submitted through the DLO. For government projects, a tree felling application shall be submitted to DLO after D of A&F or DUS has expressed no objection to felling (WBTC No. 24/94 Appendix B, para E(2)). Whenever possible, permission should be sought 12 months in advance so that root systems can be prepared for transplant if appropriate (WBTC No. 24/94 Appendix A, para E(3)). Trees that are less than 95 mm DBH presumably are protected under Forestry and Countryside Ordinance, and felling requires permission from D of A&F.

A100 The relevant guidelines for felling permission for this project are as follows (paraphrased from WBTC No. 24/94 Appendix B para (C)):

1. irreplaceable rare tree species are not involved;

2. felling would not cause serious environmental impact;

3. genuine development need to fell exists, which cannot be reasonably overcome;

4. compensatory landscaping/replanting to Government's satisfaction will be undertaken;

5. the tree is not an unusually large or fine example;

6. the tree is in poor condition.

Felling Application Procedure

A101 After D of AF&C or D of LCS has expressed no objection to felling, works department shall submit tree feeling application to DLO.

A102 Applications shall be accompanied by:

1. two copies of a tree survey plan, showing accurate location of the tree(s), height, circumference, tree spread to scale. Plans should include trees to be retained, transplanted, and felled, existing levels in the vicinity of each tree, and future proposals (outline of road, formation and finished levels);

A103 2. a tree schedule, including botanical name, height, circumference of the trunk, tree spread, and condition;

3. photographs

4. compensatory landscaping/replanting plan to which an undertaking will be tied.

Replanting Plans

A104 Tree species selected for replanting in areas where felling cannot be avoided should retain the amenity value as well as improve the ecological value of the affected area if possible. Amenity value is increased with trees that provide shade, ability to screen out poor views, fragrance or colour of leaves or blossoms. Ecological value can be improved in several ways. One improvement is to plant native species of trees with fruit or seeds useful as food for birds. Another is to increase the diversity of an area by planting a variety of native species. Diversity can be similarly increased by planting trees that will attain various heights, giving a multi-layered canopy.

A105 Some factors to be considered in the selection of roadside trees in urban areas of Hong Kong (Webb 1991) are:

a) pollution tolerance;

b) drought tolerance;

c) tolerant of compacted or heavy soil;

d) resistant to typhoon damage (no brittle branches);

e) straight trunk to 3-4 m; and

f) non-toxic fruit or leaves.

Conservation Area - Buffer Zones

A106 In 1995 the Government created two Buffer Zones around Deep Bay. Buffer Zone 1 occupied an area of 948 ha and new development within this zone was not allowed unless it was required to support the conservation of the area's natural features and scenic qualities. In Buffer Zone 2 (1027 ha), new development was not considered unless the applicant could demonstrate the proposed development would have insignificant impact on environment, ecology, drainage, sewerage and traffic in the area including the MPNR and Inner Deep Bay. Any development is also subject to the more detailed Outline Zoning Plans (1994) [1] . More recently, these buffer zones have been modified through the recommendation of the “Study on the Geological Value of Fish Ponds in the Deep Bay Area”, resulting in the creation of the Wetland Conservation Area (WCA) and Wetland Buffer Area (WBA). These are shown in Figure A1.1. The planning intention of the WCA is to conserve the ecological value of the fishpond area which forms an integral part of the wetland system in the Deep Bay Area.

A107 The WCA and WBA have been adopted in the Town Planning Board Guidelines for Application of Developments within Deep Bay Area under Section 16 of the Town Planning Ordinance (TPB PG-No. 12B April 1999).

A108 In considering development proposals in the Deep Bay Area, the Board adopts the Fish Pond Study’s recommended principle of “no-net-loss in wetland” which provides for the conservation of continuous and adjoining fish ponds. The no-net-loss can refer to both loss in “area” and ‘function”.

A109 TPB PG No 12B states that new development within the WCA should not be allowed unless it is required to support the conservation of the ecological value of the area or if the development is an essential infrastructural project with overriding public interest. In the latter case, an ecological assessment is required to demonstrate that it will not result in a net loss of wetland function or negative disturbance impacts. Wetland compensation is required for any development requiring pond filling and mitigation measures against disturbance are also required.

PRC Relevant Statutes and Bilateral Migratory Bird Agreements

Wildlife Protection Law of the PRC

A110 According to Chapter 2 Provision 12 an environmental impact assessment should be submitted by the developer for construction projects which potentially result in adverse impacts on wildlife habitat protected by national or local regulations. In the approval process the Environmental Protection Department should consult the wildlife protection agencies at the same administrative level.

PRC Wildlife Protection Implementation Regulations

A111 According to Chapter 2 Provision 10 preventative measures should be taken by relevant institutions and individuals to preclude potential risk of adverse impacts on wildlife protected by national or local regulations.

PRC Guidelines for Nature Reserves for Forests and Wildlife Species

A112 According to Provision 11 the natural environment and natural resources in nature reserves should be managed solely by the administrative organization of nature reserves. Without permission of the Ministry of Forestry or the provincial, autonomous regional, or municipal administrative department of forests no institution or individual is allowed to enter the nature conservation area to establish institutions or construct facilities.

PRC Nature Reserve Regulations, Provision 32

A113 Any construction facility is prohibited in core areas and buffer zones of nature reserves. Construction facilities which may cause environmental pollution, resource destruction, or landscape damage in the experimental areas are also inhibited; pollutants discharged from other construction projects in the experimental areas should obey national or local standards. Time tables should be set up for effluent control for those existing facilities or in the experimental area if the effluents discharged exceed national or local standards; mitigation measures must be taken for any damage.

A114 Other construction projects surrounding nature reserves should not damage the environmental quality of nature reserves; any damage must be rectified within a definite time.

A115 Time tables for the rectification will be set up by appropriate administrations authorized by relevant laws and regulations. The responsible enterprises and institutions must accomplish rectification within the specified time.

The National Protection List of Important Wild Animals

A116 The following mammals which occur in the Shenzhen River catchment and Deep Bay area are listed among species to be protected in PRC (first class protection species are marked with *).

Otter Lutra lutra

Small Indian Civet Viverricula indica

Chinese White Dolphin Sousa chinesis

A117 The following birds which occur in the Shenzhen River catchment and Deep Bay are listed among species to be protected in PRC (first class protection species are marked with *).

Black-necked Grebe Podiceps nigricollis

Dalmatian Pelican Pelecanus (philippensis) crispus

Reef Egret Egretta sacra

Swinhoe's Egret Egretta eulophotes

Oriental White Stork* Ciconia (ciconia) boyciana

Black Stork* Ciconia nigra

White Ibis Threskiornis (aethiopicus)

melanocephalus

Glossy Ibis Plegadis falcinellus

White Spoonbill Platalea leucorodia

Black-faced Spoonbill Platalea minor

Swan Cygnus sp.

Mandarin Duck Aix galericulata

Common Crane Grus grus

Imperial Eagle* Aquila heliaca

Black-shouldered Kite Elanus caeruleus

Black Kite Milvus migrans

White-bellied Sea Eagle Haliaeetus leucogaster

Crested Goshawk Accipiter trivirgatus

Marsh Harrier Circus aeruginosus

Hen Harrier Circus cyaneus

Pied Harrier Circus melanoleucos

Japanese Sparrowhawk Accipiter gularis

Besra Accipiter virgatus

Horsfield's Goshawk Accipiter soloensis

Grey-faced Buzzard-eagle Butastur indicus

Buzzard Buteo buteo

Spotted Eagle Aquila clanga

Bonelli's Eagle Hieraaetus fasciatus

Crested Honey Buzzard Pernis ptilorhnychus

Serpent Eagle Spilornis cheela

Osprey Pandion haliaetus

Kestrel Falco tinnunculus

Peregrine Falco peregrinus

Hobby Falco subbuteo

Saker Falcon Falco cherrug

Little Whimbrel Numenius (borealis) minutus

Spotted Greenshank Tringa guttifer

Relict Gull* Larus relictus

Greater Coucal Centropus sinensis

Lesser Coucal Centropus bengalensis

Rose-ringed Parakeet Psittacula krameri

Short-eared Owl Asio flammeus

Grass Owl Tyto capensis

White-vented Needletail Hirundapus cochinchinensis

A118 The following reptiles which occur in the Shenzhen River catchment and Deep Bay are listed among species to be protected in PRC.

Water Monitor Varanus salvator

Burmese Python Python molurus

Bilateral Migratory Bird Agreements

`Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment'

and

`Agreement on the Protection of Migratory Birds and Their Habitats by the Governments of Japan and the People's Republic of China'

A119 China has entered into a number of bilateral agreements to protect migratory birds. These include agreements with both Japan and Australia. Birds passing through the Deep Bay area are known to migrate to/from both of these countries (see, for example: Melville, D.S. and Galsworthy, A.C. 1993. Report on bird ringing in Hong Kong in 1992. Hong Kong Bird Report 1992:81-99) and thus these agreements are relevant in the context of this study. A list of birds occurring in the Deep Bay area protected under bilateral migratory bird agreements between China and Australia/Japan is given below.

Birds occurring in the Deep Bay area protected under bilateral migratory bird agreements between China and Australia/Japan:

Black-necked Grebe	Podiceps nigricollis	J
Great Crested Grebe	Podiceps cristatus	AJ
Lesser Frigatebird	Fregata ariel	AJ
Bittern	Botaurus stellaris	J
Cattle Egret	Bubulcus ibis	J
Reef Egret	Egretta sacra	AJ
Great Egret	Egretta alba	AJ
Yellow Bittern	Ixobrychus sinensis	AJ
Schrenck's Bittern	Ixobrychus eurhythmus	J
Little Green Heron	Butorides striatus	J
Intermediate Egret	Egretta intermedia	J
Night Heron	Nycticorax nycticorax	J
Purple Heron	Ardea purpurea	J
Black Stork	Ciconia nigra	J
Glossy Ibis	Plegadis falcinellus	A
White Spoonbill	Platalea leucorodia	J
Black-faced Spoonbill	Platalea minor	J
Ruddy Shelduck	Tadorna ferruginea	J
Shelduck	Tadorna tadorna	J
Pintail	Anas acuta	J
Teal	Anas acrecca	J
Baikal Teal	Anas formosa	J
Falcated Teal	Anas falcata	J
Mallard	Anas platyrhychos	J
Gadwall	Anas strepera	J
Wigeon	Anas penelope	J
Garganey	Anas querquedula	AJ
Shoveler	Anas clypeata	J
Common Pochard	Aythya ferina	J
Baer's Pochard	Aythya baeri	J
Tufted Duck	Aythya fuligula	J
Scaup	Aythya marila	J
Red-breasted Merganser	Mergus serrator	J
White-bellied Sea-eagle	Haliaeetus leucogaster	A
Marsh Harrier	Circus japonica	J
Hobby	Falco subbuteo	J
Watercock	Gallicrex cinerea	J
Moorhen	Gallinula chloropus	J
Pheasant-tailed Jacana	Hydrophasianus chirurgus	A
Painted Snipe	Rostratula benghalensis	AJ
Little Ringed Plover	Charadrius dubius	A
Ringed Plover	Charadrius hiaticula	A
Lesser Sand Plover	Charadrius mongolus	AJ
Greater Sand Plover	Charadrius leschenaultii	AJ
Oriental Plover	Charadrius veredus	A
Lapwing	Vanellus vanellus	J
Grey Plover	Pluvialis squatarola	A
Pacific Golden Plover	Pluvialis fulva	AJ
Little Whimbrel	Numenius (borealis) minutus	A
Whimbrel	Numenius phaeopus	J
Curlew	Numenius arquata	AJ
Australian Curlew	Numenius madagascariensis	AJ
Black-tailed Godwit	Limosa limosa	AJ
Bar-tailed Godwit	Limosa lapponica	AJ
Spotted Redshank	Tringa erythropus	J
Redshank	Tringa totanus	AJ
Marsh Sandpiper	Tringa stagnatilis	AJ
Greenshank	Tringa nebularia	AJ
Green Sandpiper	Tringa ochropus	J
Wood Sandpiper	Tringa glareola	AJ
Nordmann's Greenshank	Tringa guttifer	J
Common Sandpiper	Tringa hypoleucos	AJ
Grey-rumped Sandpiper	Tringa brevipes	AJ
Terek Sandpiper	Xenus cinereus	AJ
Turnstone	Arenaria interpres	AJ
Swinhoe's Snipe	Gallinago megala	AJ
Pintail Snipe	Gallinago stenura	A
Common Snipe	Gallinago gallinago	J
Woodcock	Scolopax rusticola	J
Asiatic Dowitcher	Limnodromus semipalmatus	A
Red Knot	Calidris canutus	AJ
Great Knot	Calidris tenuirostris	AJ
Red-necked Stint	Calidris ruficollis	AJ
Long-toed Stint	Calidris subminuta	AJ
Temminck's Stint	Calidris temminckii	J
Sharp-tailed Sandpiper	Calidris acuminata	AJ
Dunlin	Calidris alpina	AJ
Curlew Sandpiper	Calidris ferruginea	AJ
Sanderling	Calidris alba	AJ
Spoon-billed Sandpiper	Eurynorynchus pygmaeus	J
Broad-billed Sandpiper	Limicola falcinellus	AJ
Ruff	Philomachus pugnax	AJ
Black-winged Stilt	Himantopus himantopus	J
Avocet	Recurvirostra avosetta	J
Red-necked Phalarope	Phalaropus lobatus	AJ
Grey Phalarope	Phalaropus fulicarius	AJ
Oriental Pratincole	Glareola maldivarum	AJ
Common Gull	Larus canus	J
Herring Gull	Larus argentatus	J
Slaty-backed Gull	Larus schistisagus	J
Black-headed Gull	Larus ridibundus	J
Black-legged Kittiwake	Rissa tridactyla	J
Common Tern	Sterna hirundo	AJ
Little Tern	Sterna albifrons	AJ
Ancient Auk	Synthliboramphus antiquus	J
Oriental Cuckoo	Cuculus saturatus		AJ
Short-eared Owl	Asio flammeus		J
White-throated Needletail	Hirundapus caudacutus		AJ
Pacific Swift	Apus pacificus		AJ
Little Swift	Apus affinis		J
Sand Martin	Riparia riparia		J
Barn Swallow	Hirundo rustica		AJ
Red-rumped Swallow	Hirundo daurica		AJ
Asian House Martin	Delichon dasypus		J
Forest Wagtail	Dendronanthus indicus		J
Yellow Wagtail	Motacilla flava		AJ
Citrine Wagtail	Motacilla citreola		AJ
White Wagtail	Motacilla alba		AJ
Richard's Pipit	Anthus richardi		J
Olive-backed Pipit	Anthus hodgsoni		J
Pechora Pipit	Anthus gustavia		J
Red-throated Pipit	Anthus cervinus		J
Water Pipit	Anthus spinoletta		J
Ashy Minivet	Pericrocotus divaricatus		J
Tiger Shrike	Lanius tigrinus		J
Brown Shrike	Lanius cristatus		J
Black-naped Oriole	Oriolus chinensis		J
Chestnut-cheeked Starling	Sturnus philippensis		J
Red-tailed Robin	Luscinia sibilans		J
Siberian Rubythroat	Luscinia calliope		J
Siberian Blue Robin	Luscinia cyane		J
Red-flanked Bluetail	Tarsiger cyanurus		J
Daurian Redstart	Phoenicurus auroreus		J
Stonechat	Saxiocola torquata		J
Siberian Thrush	Zoothera sibiricus		J
White's Thrush	Zoothera dauma		J
Grey-backed Thrush	Turdus hortulorum		J
Grey Thrush	Turdus cardis		J
Pale Thrush	Turdus pallidus		J
Eye-browed Thrush	Turdus obscurus		J
Dusky Thrush	Turdus naumanni		J
Short-tailed Bush Warbler	Urosphena squameiceps		J
Middendorf's Grasshopper Warbler	Locustella ochotensis		J
Lanceolated Warbler	Locustella lanceolata		J
Great Reed Warbler	Acrocephalus orientalis		AJ
Black-browed Reed Warbler	Acrocephalus bistrigiceps		J
Yellow-browed Warbler	Phylloscopus inornatus		J
Arctic Warbler	Phylloscopus borealis		AJ
Pale-legged Leaf Warbler	Phylloscopus tenellipes		J
Eastern Crowned Warbler	Phylloscopus coronatus		J
Yellow-rumped Flycatcher	Ficedula zanthopygia		J
Narcissus Flycatcher	Ficedula narcissina		J
Mugimaki Flycatcher	Ficedula mugimaki		J
Blue-and-White Flycatcher	Cyanoptila cyanomelana		J
Sooty Flycatcher	Muscicapa sibirica		J
Grey-streaked Flycatcher	Muscicapa griseisticta		J
Brown Flycatcher	Muscicapa latirostris		J
Japanese Paradise Flycatcher	Terpsiphone atrocaudata		J
Ruddy Sparrow	Passer rutilans		J
Brambling	Fringilla montifringilla		J
Siskin	Carduelis spinus		J
Black-tailed Hawfinch	Eophona migratoria		J
Yellow-breasted Bunting	Emberiza aureola		J
Black-faced Bunting	Emberiza spodocephala		J
Japanese Yellow Bunting	Emberiza sulphurata		J
Chestnut-eared Bunting	Emberiza fucata		J
Rustic Bunting	Emberiza rustica		J
Little Bunting	Emberiza pusilla		J
Tristram's Bunting	Emberiza tristrami		J
Pallas's Reed Bunting	Emberiza pallasi		J
Reed Bunting	Emberiza schoeniclus		J

A120 These species are listed under:

(A) Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and Their Environment, and

(J) Agreement on the Protection of Migratory Birds and Their Habitats by the Governments of Japan and the People's Republic of China.

The Management Measures for Forests of Guangdong Province, Section 26

A121 Natural reserves should be protected. Permission of relevant authorities is required for any special-aimed use of the resources within natural reserves.

The Environmental Management Regulations for Construction Projects in Guangdong Province, Section 4

A122 Any decision on construction projects including their identification, layout, and siting should meet the environmental planning requirements. Consideration should be given to protecting and to enhancing the environmental quality of the whole area. Construction of projects which will cause environmental pollution and ecological damage to water source protection zones, natural reserves, and other special protection areas is prohibited.

Guangdong Provincial Implementary Detailed Regulations for Natural Reserves of Forest and Wildlife Species, Section 12

A123 Natural environment and resources within the natural reserves should be managed by the administrative organization of nature reserves. Establishment of institutes or facilities is prohibited without approval of the Ministry of Forestry or the provincial authority of forest management.

Non Statutory Guidelines

Deep Bay Guidelines for Dredging, Reclamation and Drainage Works

A124 The Deep Bay Guidelines for Dredging, Reclamation and Drainage Works (DBG) published by ERL (Asia) Ltd in association with Binnie Consultants Ltd for EPD in 1991, defines a large area of Inner Deep Bay and its coastal regions as a Special Measures Zone (SMZ). It encompasses the area within and bounded by Buffer Zone 2.

A125 Recommendations on acceptable noise levels, sediment quality, water quality and air quality were made for locations within this zone in order to protect the scientific, educational and amenity interest of the SMZ.

A126 The recommended guidelines for water quality, noise level and air quality within the SMZ are given in the DBG. These guidelines, however, are non-statutory and in some instances are now outdated. However, the spirit of the DBG should be retained where construction works are undertaken close to Deep Bay as it was designed to protect the sensitive ecology of the area.

A127 The purpose of the DBG is to provide Government project sponsors and construction contractors with general guidance on issues of:

• site selection;

• work methods;

• environmental site investigation needs;

• environmental constraints, criteria and monitoring requirements;

• design procedures, including assessment of impacts and selection of mitigation measures; and

• special conditions of contract and performance specifications to be applied to Deep Bay projects.

A128 Environmental constraints contained in the Deep Bay Guidelines which may be relevant to this project include:

• noise level limits for construction work; and

• measures for minimizing disturbance to wildlife in the area.

Table A.15

Deep Bay Guidelines - Noise Level Limits for Construction Works Area,

Just Outside the Inner Deep Bay Special Measures Zone

Time Period	Acceptable Noise Level (dB(A))^(1)
Weekdays 0700-1900 hours ^(2)	75
Weekdays 1900-2300 hours	60
General Holidays (including Sundays) 0700-2300 hours	60
All Days, 2300-0700 hours	45
(5 min.) Leq measured at the building facade of a Noise Sensitive Receiver (NSR). (2) Alternative limit for weekdays, 0700-1900 hours, is 10 dB(A) above the ambient noise level (measured as 1-hour L90 dB(A)).

Table A.16

Deep Bay Guidelines – Noise Level Limits for Construction Works

within Inner Deep Bay Special Measures Zone

Time Period	Acceptable Noise Level (dB(A))^(1)
All Days, 0700-2300 hours^(2) All Days, 2300-0700 hours	60 45
Leq 5 min. measured freefield, 100 m from the site boundary. (2) Alternative limit for weekdays, 0700-1900 hours, is 5 dB(A) above the ambient noise level (measured as 1-hour L90 dB(A)).

Table A.17

Deep Bay Guidelines - Air Quality Objectives for Deep Bay Catchment

Concentration (Fg/m^3) for Different Averaging Times (i)
	1 hr (ii)	8 hr (iii)	24 hr (iii)	1 yr (iv)
SO2	350-500		150	80
TSP (v)			180	80
RSP (v)			110	55
NO2	300		150	80
CO	30,000	10,000
O3	200	100-120
Lead			1.5
Measured at 298^oK and 101.325 kPa (one atmos). Not to be exceeded more than 3 times per year. Not to be exceeded more than once per year. Arithmetic means. TSP = Total Suspended Particulates RSP = Respirable Suspended Particulates.

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* The wise use of wetlands concept is defined, in Appendix 9 of the Ramsar Convention Manual, as: "their sustainable utilisation for the benefit of human kind in a way compatible with the maintenance of the natural properties of the ecosystem".

[1] TPB PG-No. 12A (Revised November 1994). Town Planning Board Guidelines for Application for Developments within Deep Bay Buffer Zones.