DETAILED REQUIREMENTS OF THE EIA STUDY
The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter referred to as the TM), are fully complied with.
The scope of this EIA study shall include a designated project mentioned in section 1 above, namely, Tin Shui Wai Phase 4 Light Rail Extension will link the West Rail Tin Shui Wai station and the existing Light Rail Transit (LRT) Tin Shui Wai terminus at Kingswood Villa in order to serve sub-region of Tin Shui Wai.
||The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts :
||Air Quality Impact
The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) regulation in dust control and shall initiate an audit and monitoring programme during construction to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.
||The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.
||The applicant shall review the relevant noise sections of the EIA study for Tin Shui Wai Development Engineering Investigations for Development of Area 3, 30 & 31 of the Development Zone and the Reserve Zone and the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, EIA, to assess the adequacy of the findings and recommendations in relation to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
- Determination of Assessment Area
The area for the noise impact assessment shall include all areas within 300m from the project boundaries. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the project boundaries, provides acoustic shielding to those receivers at further distance behind.
- Provision of Background Information and Existing Noise Levels
The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.
- Identification of Noise Sensitive Receivers
- The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.
- The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given.
- Provision of an Emission Inventory of the Noise Sources
The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment; train traffic data etc.) as appropriate for the noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
- Construction Noise Assessment
- The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
- To minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed.
- The Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimise the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
- Operational Noise Assessment
- The Applicant shall assess the impacts during the operational phase of the proposed railway and the associated facilities, involving worst case scenario, normal, abnormal, transient and emergency operations, with respect to the acceptable levels contained in Table 1A in Annex 5 in the TM. The assessment methodology including the railway/train design noise level shall be agreed with the Director prior to the commencement of the assessment.
- In assessing the noise level, the Applicant shall allow for a deterioration in rail and rolling stock condition from brand new to an operating level, address the worst case scenario, taking into account any other planned noise source. Noise contours in the maximum Leq(30 min) and Lmax during the day and at night shall be presented on plans of suitable scales showing the identified NSRs. Quantitative assessment at the identified NSRs for different alignment of the rail shall be compared against the relevant criteria or limits. The potential noise impact of each proposed alignment on the existing and planned NSRs shall be quantified by estimating the total number of dwellings and/or classrooms that will be exposed to levels above the relevant planning criteria and statutory limits.
- The Applicant shall make recommendations for noise amelioration for an existing or planned NSR which would be subject to predicted cumulative noise level in excess of the relevant planning criteria and statutory limits in the appropriate design year. A manual detailing the schedule of maintaining/capping the wheel/rail noise to suit the design specification shall be provided.
- For fixed noise sources (ventilating systems and fixed plants at stations and termini), the Applicant shall calculate the expected noise using standard acoustic principles. Calculations for the expected noise shall be based on assumed plant inventories and utilisation schedule for the worst case scenario. The Applicant shall calculate the noise levels taking into account of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites. The Applicant shall present the existing and future noise levels in Leq(30 min) at the NSRs on tables and plans of suitable scale. Quantitative assessment at the NSRs for proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM. The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria in Table 1A of Annex 5 of the TM to protect affected NSRs.
- Assessment of Side Effects and Constraints
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
- Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
- In the event that there are planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.
- The Applicant shall take into account the agreed environmental requirements/ constraints identified by the study to assess the development potential of the concerned sites which shall be made known to the relevant parties.
||Water Quality Impact
||The Applicant shall identify, assess and evaluate any potential stormwater and site runoff impact during construction stages. Pollution control and mitigation measures and Best Management Practices (BMPs) shall be recommended to reduce those potential impacts to within established standards, objectives and criteria. The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively.
||Waste Management Implications
||The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.
||The applicant shall review the relevant waste management issues sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in relation to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
- Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
- Proposal for Waste Management
- Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.
- Having been taken into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment in (c) below.
- The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- wastewater discharge; and
- public transport.
||Impact on Cultural Heritage
The applicant shall review the relevant archaeological and cultural issues sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in relation to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
A baseline study shall be conducted in accordance with the requirements set out in Annex A.
- Cultural heritage impact assessment must be undertaken to identify the impacts of the sites of cultural heritage which will be affected by the proposed development subject to the result of desktop research and field evaluation. The prediction of impact and an evaluation of their significance must be undertaken by an expert in cultural heritage. During the assessment, both the direct impacts such as loss or damage of important features as well as indirect impacts such as change of water table levels which may affect the preservation of the archaeological and built heritage in situ should be stated. A detailed description and plans should be provided to elaborate to what extent the site of cultural heritage will be affected.
- Preservation in totality must be taken as the first priority. Section 4.3.1(c), item 2 of Annex 10, items 2.6 to 2.9 of Annex 19 and other relevant parts of the Technical Memorandum on Environmental Impact Assessment Process shall be referred for the detailed requirements of the impact assessment.
- It is always a good practice to recognise the site or monument early in the planning stage and site selection process, and to avoid it, i.e. preserve it in – situ, or leaving a buffer zone around the site. Built heritage, sites and landscapes are to be in favour of preservation unless it can be shown that there is a need for a particular development which is of paramount importance and outweighs the significance of the heritage feature.
- If avoidance of the cultural heritage is not possible, amelioration can be achieved by reduction of the potential impacts and the preservation of heritage features, such as physical relocating it. Measures like amendments of the sitting, screening and revision of the detailed design of the development are required to lessen its degree of exposure if it causes visual intrusion to the cultural heritage and affecting its character.
- All the assessment should be conducted by an expert in cultural heritage.
- Besides referring to paragraph 4.3.1(d), items 2.10 to 2.14 of Annex 19 and other relevant parts of the Technical Memorandum, proposals for mitigation measures should be accompanied with a master layout plan together with all detailed treatment, elevations, and landscape plan. A rescue programme, when required, shall be proposed which may involve preservation of the historical building or structure together with the relics inside, and its historic environment through relocation, detailed cartographic and photographic survey or preservation of an archaeological site "by record", i.e. through excavation to extract the maximum data as the very last resort.
- The programme for implementation of agreed mitigation measures should be able to be implemented, and clearly stated in the EIA report, as required in Annex 20 of the Technical Memorandum. In particular, item 6.7 of Annex 20 requires the Applicant to define and list out clearly the proposed mitigation measures to be implemented, by whom, when, where, to what requirements and the various implementation responsibilities. A comprehensive plan and programme for the protection and conservation of the partially preserved Site of Cultural Heritage, if any, during the planning and design stage of the proposed project must be detailed.
||Landscape and Visual Impact
||The applicant shall review the relevant landscape and visual issues sections of the West Rail Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, to assess the adequacy of the findings and recommendations in relation to the proposed development. For any additional and potential cumulative impacts identified by the review, the procedures listed below shall be followed:
||The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impact as stated in Annexes 10 and 18 of the Technical Memorandum, respectively.
||The assessment area for the landscape impact assessment shall include all areas within a 500m distance from the proposed project. The assessment area for the visual impact assessment shall be defined by the visual envelope of the proposed project.
||The landscape and visual impact assessment shall include the following :
- a baseline study to provide for a comprehensive and accurate description of the baseline landscape and visual character;
- a review of the relevant planning and development control framework;
- impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and
- recommendations on mitigation measures and implementation programme.
||The Applicant shall describe, appraise and analyse the existing landscape resource and character of the assessment area. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape.
||The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following :
- identification and plotting of visibility contours of the proposed project within the assessment area;
- identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;
- description of the visual compatibility of the project with the surrounding, and its obstruction and interference the key views of the adjacent areas; and
- the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.
||The Applicant shall review relevant outline development plans, outline zoning plans, layout plans, planning briefs and studies which may contain guidelines on urban design concept, designated view corridors, open space network and other design specification that may affect the appreciation of the project. The aim is to gain an insight to the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with statutory town plan(s) should be highlighted and appropriate follow-up action should be recommended.
||The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall include the preservation of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, compensatory planting, reprovisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, colour scheme and texture of materials used and any measures to mitigate the existing land use. For bridge structures and noise barriers, presentation of photomontage of the proposed road(s) in the existing and planned urban/rural setting illustrating the effectiveness of visual impact mitigation measures shall be included.
||Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, annotated oblique aerial photographs, photo-retouching and photo-montage shall be adopted to illustrate the landscape and visual impacts of the proposed project. The Applicant shall record the technical details in preparing the illustration which may need to be submitted for verification of the accuracy of the illustration.
||ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS
||The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the project and, if affirmative, to define the scope of the EM&A requirements for the project in the EIA study.
||Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.
||The Applicant shall prepare a project implementation schedule (in the form of a check list) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
||The EIA report shall set out the environmental management system requirements for the construction and operation of the project to achieve satisfactory environmental performance.
||DURATION OF VALIDITY
||This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.
||In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM which stipulates the guidelines for the review of an EIA report.
||The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :
- 40 copies of the EIA report in English and 80 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report;
- when necessary, addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection; and
- 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.
||In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.
||The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
||When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
||OTHER PROCEDURAL REQUIREMENTS
||During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.
||If there is any key change in the scope of the project mentioned in section 1 of this EIA study brief and in the Project Profile (No.PP-023/1998), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.
||The Applicant shall make reference to the following reports in conducting the EIA study:
- Tin Shui Wai Development Engineering Investigations for Development of Area 3, 30 & 31 of the Development Zone and the Reserve Zone, February 1997.
- West Rail, Final Assessment Report, West Kowloon to Tuen Mun Centre, Environmental Impact Assessment, February 1998.
||A baseline study shall be conducted:
- compile a comprehensive inventory of archaeological sites (including marine archaeological sites), historic buildings and structures within the proposed project area, which include:
- all sites of archaeological interest (including marine archaeological sites);
- all pre-1945 buildings and structures;
- selected post 1945 buildings and structures of high architectural and historical significance and interest; and
- landscape features include sites of historical events or providing a significant historical record or a setting for buildings or monuments of architectural or archaeological importance, historic field patterns, tracks and fish ponds and cultural element such as fung shui woodlands and clan grave.
- to identify the direct and indirect impacts on the site of cultural heritage at the planning stage in order to avoid causing any negative effects. The impacts include the direct loss, destruction or disturbance of an element of cultural heritage, impact in its settings causing impinge on its character through inappropriate sitting or design, potential damage to the physical fabric of archaeological remains, historic buildings or historic landscapes through air pollution, change of water-table, vibration, recreation pressure and ecological damage by the development. The impacts listed are merely to illustrate the range of potential impacts and not intended to be exhaustive.
||The baseline study shall also include a desk-top study and a field survey.
||Desk-top searches should be conducted to analyse, collect and collate extant information. They include:
- Search of the list of declared monuments protected by the Antiquities and Monuments Ordinance (Chapter 53).
- Search of the list of deemed monuments through the Antiquities and Monuments Office (AMO) of the Home Affairs Bureau.
- Search of the list of sites of cultural heritage identified by the AMO.
- Search of publications on local historical, architectural, anthropological, archaeological and other cultural studies, such as, Journals of the Royal Asiatic Society (Hong Kong Branch), Journals of the Hong Kong Archaeological society, Antiquities and Monuments Office Monograph Series and so forth.
- Search of other unpublished papers, records, archival and historical documents through public libraries, archives, and the tertiary institutions, such as the Hong Kong Collection and libraries of the Department of Architecture of the University of Hong Kong and the Chinese University of Hong Kong, Public Records Office, photographic library of the Information Services Department and so forth.
- Search of any other unpublished archaeological investigation and excavation reports kept by the AMO.
- Search of historical documents in the Public Records Office, the Land Registry, District Lands Office, District Office and the Hong Kong Museum of History and so forth.
- Search of cartographic and pictorial documents. Maps of the recent past searched in the Maps and Aerial Photo Library of the Lands Department.
- Study of existing geotechnical information (for archaeological desk-top research)
- Discussion with local informants.
||The potential value of the development site with regard to the cultural heritage could be established easily where the site is well-documented. However, it does not mean that the site is devoid of interest if it lacks information. In these instances, a site visit combined with discussions with appropriate individuals or organisations should be conducted by those with expertise in the area of cultural heritage to clarify the position.
||Historic buildings and structures survey|
- Field scan of all the historic buildings and structures within the project area.
- Photographic recording of each historic building or structure including the exterior (the elevations of all faces of the building premises, the roof, close up for the special architectural details) and the interior (special architectural details), if possible, as well as the surroundings of each historic building or structure.
- Interview with local elders and other informants on the local historical, architectural, anthropological and other cultural information related to the historic buildings and structures.
- Architectural appraisal of the historic buildings and structures.
Appropriate methods of field evaluation should be applied to assess the archaeological potential of the project area:
- Definition of areas of natural land undisturbed in the recent past.
- Field scan of the natural land undisturbed in the recent past in detail with special attention paid to areas of exposed soil which were searched for artifacts.
- Conduct systematic auger survey/shovel testing to establish the horizontal spread of cultural materials deposits.
- Excavation of test pits to establish the vertical sequence of cultural materials. The hand digging of 1 x 1 m or 1.5 x 1.5 m test pits to determine the presence or absence of deeper archaeological deposits and their cultural history.
||If the field evaluation identifies any additional sites of cultural heritage within the study area which are of potential historic or archaeological importance and not recorded by AMO, the office should be reported as soon as possible. The historic and archaeological value of the items will be further assessed by the AMO.
||The Report of Baseline Study
||The study report should have concrete evidence to show that the process of the above desk-top and field survey has been satisfactorily completed. This should take the form of a detailed inventory of the sites of cultural heritage supported by full description of their cultural significance. The description should contain detailed geographical, historical, archaeological, architectural, anthropological, ethnographic and other cultural data supplemented with illustrations below and photographic and cartographic records.
||Historic Buildings and Structures
- A map in 1:1000 scale showing the boundary of each historic building or structure.
- Photographic records of each historic building or structure.
- Detailed record of each historic building or structure including its construction year, previous and present uses, architectural characteristics, as well as legends, historic persons and events, and cultural activities associated with the structure,
- A map showing the boundary of each archaeological site as supported and delineated by field walking, augering and test-pitting;
- Drawing of stratigraphic section of test-pits excavated which shown the cultural sequence of a site.
||A full bibliography and the source of information consulted should be provided to assist the evaluation of the quality of the evidence. It is expected that the study and result are up to an internationally accepted academic and professional standard.