Environmental Impact Assessment Ordinance (Cap. 499), Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-036/1999
Project Title : Development at Mount Butler Quarry Site
|Name of Applicant :||Civil Engineering Department
(hereinafter known as the "Applicant")
1.1 An application (No. ESB-036/1999) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 4 August 1999 with a Project Profile (No. PP-055/1999).
1.2 The Applicant proposes to rehabilitate the former Mount Butler Quarry site and to develop the site to accommodate about 1,000 high-class housing units. In association with the development, a section of Mount Butler Road (i.e. local road) between the quarry site and Henderson Road will be widened. Landscaping works for the rehabilitation of the quarry, and roadwork and slope works for the widening of Mount Butler Road will encroach upon the Tai Tam Country Park. The landscaping works for rehabilitation of the quarry will also encroach upon the Water Supplies Department's water gathering ground for Tai Tam. The extent of these encroachments will be determined in the forthcoming engineering feasibility study to be commissioned by the Applicant. The study area of the engineering feasibility study is slightly more than 20 hectare.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on :
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows:
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as the TM) are fully complied with.
3.2 The Scope
The scope of this EIA study shall cover the proposed works area shown in Drawing No. HSD 9B of the Project Profile (No. PP-055/1999) and shall include the proposed projects mentioned in section 1.2 above. The EIA study shall address the likely key issues described below; together with any other key issues identified during the course of the EIA study:
3.3 Technical Requirements
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.
3.3.1 Air Quality Impact
126.96.36.199 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impacts as stated in Annexes 4 and 12 of the TM, respectively.
188.8.131.52 The study area for air quality impact shall generally be defined by a distance of 500m from the boundary of proposed works area shown in Drawing No. HSD 9B of the Project Profile (No. PP-055/1999).
184.108.40.206 The constructional and operational air quality impact assessment shall include the following :
220.127.116.11 For Construction Impacts of the Mount Butler Road, the Applicant shall also follow the requirements of the Air Pollutant Control (construction Dust) Regulation in dust control and shall initiate an audit and monitoring program during constructional stage to ensure construction dust impacts are controlled within the relevant standards as stipulated in Annex 4 of the TM.
3.3.2 Noise Impact
18.104.22.168 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.
22.214.171.124 The noise impact assessment shall include the following :
The area for the noise impact assessment shall generally include all areas within 300m from the proposed works boundary shown in Drawing No. HSD 9B of the Project Profile (No. PP-055/1999). 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 outer project limit, provides acoustic shielding to those receivers at further distance behind.
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 r-equired.
The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment). For road projects, the inventory shall include the road traffic data. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
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.
For 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 agreed environmental requirements / constraints identified by the study to assess the development potential of concerned sites which shall be made known to the relevant parties.
3.3.3 Water Pollution
126.96.36.199 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.
188.8.131.52 The assessment area for the purpose of this water quality assessment shall cover the project area shown in Drawing No. HSD 9B of the Project Profile (No. PP-055/1999), plus any stream course, water catchment areas and water gathering ground and the associated water system in the vicinity that may be affected by the project.
184.108.40.206 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of surface and ground water systems arising from the construction and operation of the project.
220.127.116.11 The Applicant shall include the following in the water quality impact assessment:
Cumulative impacts due to other projects, activities or pollution sources within a boundary around the assessment area, subject to the agreement of the Director shall also be predicted and quantified.
3.3.4 Waste Management Implications
18.104.22.168 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.
22.214.171.124 The assessment of waste management implications shall cover the following :
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.
3.3.5 Land Contamination Impact
126.96.36.199 The Applicant shall provide a clear and detailed account of the present use of the land (e.g. description of the activities, chemicals and hazardous substances handled with a clear indication of their storage and location by reference to a site map) and the relevant past land history in relation to possible land contamination (e.g. accident records, change of land use, etc.).
188.8.131.52 During the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the Director for endorsement before conducting the land contamination impact assessment of the land/site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and the extent of the contamination of the land/site.
184.108.40.206 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.
220.127.116.11 The potential contaminated land shall be assessed in accordance with the guidelines for potential contaminated land issues as given in section 3 of Annex 19 of TM.
3.3.6 Ecological Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM, respectively.
22.214.171.124 The assessment area for the purpose of this ecological impact assessment shall include all areas within 500 m distance from the project area as shown in Drawing No. HSD 9B of the Project Profile (No. PP-055/1999), or the area likely to be impacted by the project.
126.96.36.199 In the ecological impact assessment, the Applicant shall examine the flora, fauna and other components of the ecological habitats within the assessment area. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the proposed project shall avoid impacts on recognized sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the project.
188.8.131.52 The assessment shall include the following :
3.3.7 Landscape and Visual Impact
184.108.40.206 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM, respectively for evaluating and assessing landscape and visual impacts. Both the impacts during construction and operation phases shall be assessed.
220.127.116.11 The study area for the landscape impact assessment shall include all areas within a 500m distance from the proposed project. The study area for the visual impact assessment shall be defined by the visual envelope of the proposed project.
18.104.22.168 The Applicant shall review relevant outline development plan(s), outline zoning plan(s), layout plan(s) or planning briefs and studies which may contain guidelines on urban design concept, designated view corridors, and open space network affecting 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 the statutory town plans should be highlighted and appropriate follow-up action should be recommended. The Applicant shall attempt to preserve the ridgeline at the back of the site when viewed from major vantage points in the main urban areas.
22.214.171.124 The Applicant shall describe, appraise and analyze the existing landscape resources 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 landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the proposed development. Clear mapping of the landscape impact is required. When applicable, a tree survey shall be carried out and the impacts on existing mature trees shall be addressed.
126.96.36.199 The Applicant shall assess the visual impacts of the proposed project. Clear mapping of the visual impact is required. The assessment shall include the following :
188.8.131.52 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall also include the retention of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, provisioning and reprovisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, colour scheme and texture of material used, and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation phase of the proposed project. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out. For bridge structures : Presentation of photomontage of the proposed road(s) in the existing and planning urban setting illustrating the effectiveness of visual impact mitigation measures shall be included.
184.108.40.206 Perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted when appropriate to illustrate the landscape and visual impacts of he 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.
220.127.116.11 Perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted when appropriate 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.
3.3.8 Impact from the Radio Station
The Applicant shall assess whether the occupants of the housing units will be affected by the high frequency signal transmitted from the marine vessels and the air crafts to the Radio Communications Station located to the north of the site. If they are found to be affected, the Applicant shall assess whether the radio-frequency electromagnetic field at the proposed housing units meets the requirements of the Code of Practice for Protection of Workers and members of the Public Against Non-Ionizing Radiation Hazards from Radio Transmitting Equipment issued by the Office of the Telecommunications Authority.
3.3.9 Summary of Environmental Outcomes
The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.
3.3.10 Environmental Monitoring and Audit (EM&A) Requirements
18.104.22.168 The Applicant shall identify in the EIA study whether there is any need for EM&A and/or environmental management system (EMS) activities during the construction and operation phases of the project and, if affirmative:
22.214.171.124 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.
126.96.36.199 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex 1) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
4. DURATION OF VALIDITY
4.1 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.
5. REPORT REQUIREMENTS
5.1 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.
5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :
5.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 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.
5.5 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.
5.6 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.
5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 During the EIA study, if there is any change in the name of Applicant for this EIA study brief, the Applicant in this study brief must notify the Director immediately.
6.2 If there is any key change in the scope of the project mentioned in section 1.2 of this EIA study brief and in Project Profile No. PP-055/1999, 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.
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