Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB- 146/2006
(hereinafter known as the “Applicant”)
1.1 An application (No. ESB-146/2006) for an Environmental Impact Assessment (EIA) Study Brief under section 5(1)(a) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 3 April 2006 with a project profile (No. PP-285/2006) (the Project Profile).
1.2 The proposed Project is to construct and operate a wind
farm at Southeastern water of
(i) Installation of 50 wind turbines each of up to 3MW rated capacity;
(ii) Installation of an offshore transformer platform, one wind monitoring mast and an onshore cable connection room in Tseung Kwan O; and
(iii) Laying of submarine cables from the wind turbines to the transformer platform then to Tseung Kwan O as indicated in Appendix A;
1.3 The Project is a designated project under Schedule 2, D.1 of the EIAO: “Public utility electricity power plant” and depending on the alignment of the submarine cable, might also be under item C.12(a)(ii) “A dredging operations exceeding 500,000 m3 or a dredging operation which is less than 500m from the nearest boundary of an existing or planned site of cultural heritage.
1.4 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.
1.5 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the Project and related activities taking place concurrently. This information will contribute to decisions by the Director on:
(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project and the associated activities of the Project;
(ii) the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows:
(i) to describe the Project and associated works together with the requirements and environmental benefits for carrying out the Project;
(ii) to identify and describe elements of community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment and the associated environmental constraints;
(iii) to consider alternative options with a view to avoiding and minimizing the potential environmental impacts to ecological sensitive areas in the Mirs Bay, Port Shelter, Junk Bay, Eastern Buffer and Southern Buffer Water Control Zones and other sensitive uses; to compare the environmental benefits and dis-benefits of each of the different options; to provide reasons for selecting the preferred option(s) and to describe the part of environmental factors played in the selection;
(iv) to identify and quantify any potential loss or damage and other potential impacts to ecology and fisheries resources, flora, fauna and natural habitats and to propose measures to mitigate these impacts;
(v) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(vi) to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;
(vii) to identify the negative impacts on any historical and archaeological resources and to propose measures to mitigate these impact;
(viii) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;
(ix) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;
(x) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction and operation of the Project in relation to the sensitive receivers and potential affected uses;
(xi) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the Project which are necessary to mitigate these environmental impacts and cumulative effects and reduce them to acceptable levels;
(xii) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and
(xiii) to design and specify environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
The purpose of this study brief is to scope the key issues of the EIA study and to specify the environmental issues that are required to be reviewed and assessed in the EIA report. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the EIAO (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 shown in Figure 1.2 of the Project Profile (No. PP-285/2006), which is reproduced in Appendix A of this EIA Study Brief and shall cover the Project 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 and the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed, planned and known potential developments in the vicinity of the Project:
(i) the potential impacts to the ecology and fisheries resources within the assessment area, including but not limited to the coral communities (in particular those near Victor’s Rock, Ninepin Groups, Tung Lung Chau and Port Shelter), marine mammals, amphioxus (Branchiostoma spp.) and avifauna during construction, operation and subsequent management and maintenance of the Project;
(ii) the potential water quality impact due to seabed disturbance from dredging, pile installation, foundation formation, cable laying and any other marine works that may be required for construction of the project;
(iii) the effect of the offshore wind turbines and associated infrastructures on the coastal processes and the potential impacts on the ecological sensitive sites due to the possible changes of regional sediment movement and sedimentation patterns;
(iv) the potential landscape and visual impacts on existing and planned sensitive receivers during construction and operation of the project;
(v) waste arising as a result of the construction and operation activities of the Project; and
(vi) the potential impacts on the marine archaeological deposit in the seabed of the project area and the alignment of connection route likely to be affected by the dredging and construction works.
3.3 Consideration of Alternatives
3.3.1 The Applicant shall provide clear and objective comparison of the environmental benefits and disbenefits of different possible project locations. The applicant shall compare the main environmental impacts of different site locations and provide reasons for selecting the project location, and the part environmental factors played in the selection shall be described.
3.3.2 The Applicant shall present in the EIA report the consideration of alternative designs such as site layout, size and chromatic treatment of the Project with a view to reducing the visual and landscape impacts during construction and operation of the Project. Other factors or constraints affecting the design of the Project shall also be stated if appropriate.
3.3.3 Having regard to the effects on the environment during the construction period and the severity of the construction impacts, the Applicant shall explore different construction methods for the Project, with a view to avoiding or minimizing adverse environmental impacts. The Applicant shall focus on the ecological valuable habitat/species, such as coral communities, marine mammals, amphioxus (Branchiostoma spp.), avifauna, in particular seabirds, fish spawning ground etc. A comparison of the environmental benefits and dis-benefits of applying different construction methods shall be made.
3.4 Technical Requirements
The Applicant shall conduct the EIA study to address the environmental aspects as described in Sections 3.1, 3.2 and 3.3 above. The assessment shall be based on the best and latest information available during the course of the EIA study and covering the construction and operation phases of the Project and the subsequent management and maintenance requirement of the proposals. The Applicant shall assess the cumulative environmental impacts from the Project with other interacting projects. The Applicant shall include in the EIA report details of the construction programme and methodologies.
The EIA study shall meet the following technical requirements on specific impacts, unless otherwise approved by the Director specifically in writing.
3.4.1 Water Quality Impact
18.104.22.168 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.
22.214.171.124 The study area for this water quality
assessment shall cover the
126.96.36.199 The Applicant shall identify and analyse physical, chemical and biological disruptions of marine water system(s) arising from construction and operation of the Project.
188.8.131.52 The Applicant shall predict, quantify and assess any water quality impacts arising from the Project on the water system(s) and the sensitive receivers by appropriate mathematical modelling and/or other techniques proposed by the Applicant and approved by the Director. The mathematical modelling requirements are set out in Appendix B to this study brief. Possible impacts shall include but not be limited to changes in hydrology, flow regime, sediment erosion and deposition pattern, water and sediment quality due to marine piling works, dredging of marine sediment for submarine cables, effects on the flora and fauna due to such changes in the study area
184.108.40.206 The Applicant shall take into account and include likely different construction stages or sequences of the Project in the assessment. Essentially the assessment shall address the following:
(i) Collection and review of background information on the existing and planned water system(s) and their respective sensitive receivers which might be affected by the construction and operation of the Project;
(ii) Characterization of water and sediment quality of the water system(s) and sensitive receivers which might be affected by the Project based on existing information or appropriate site survey and tests;
(iii) Identification and analysis of the existing and planned future activities and beneficial uses related to the water system(s) and identification of the water sensitive receivers. The Applicant shall refer to those developments and uses indicated on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans;
(iv) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in Sub-section 220.127.116.11(i) above;
(v) Evaluation of the spatial design of the wind farm, foundation types, construction sequences and methods, and operation of the Project for the purpose of selecting an environmentally acceptable option. The Applicant shall consider all best practical arrangements to avoid adverse effects of the Project on the ecological sensitive sites due to changes of local erosion and sedimentation patterns;
(vi) Identification and quantification of existing and committed water and sediment pollution sources and loading, including point and non-point discharges generated during the construction and operation stages of the Project, including the potential contamination of sediments due to cementing and grouting the foundations as the case may be;
(vii) Establishment and provision of a pollution load inventory on the quantities and characteristics of existing and likely future water pollution sources identified above. Field investigation and laboratory tests shall be conducted as appropriate to fill in any major information gaps;
(viii) Analysis on the provision of wastewater treatment facilities in terms of capacity and level of treatment to reduce pollution arising from both the point and non-point discharges identified in (vi) above;
(ix) Identification and evaluation of the best practicable dredging methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not to be disturbed;
(x) The Applicant shall devise mitigation measures to avoid or minimize the impacts identified above, in particular suitable dredging and disposal methods shall be recommended to mitigate any adverse impacts. The residual impacts on the water system(s) and the sensitive receivers with regard to the relevant water and sediment quality objectives, criteria, standards or guidelines shall be assessed and quantified using appropriate mathematical models set out in Appendix B to this study brief.;
(xi) Assessment of the cumulative impacts due to other related concurrent and planned projects including the mud dumping activities near Ninepins Islands, and potential sand reserves in the eastern waters activities or pollution sources along the identified water system(s) and sensitive receivers that may have a bearing on the environmental acceptability of the Project. This shall include the potential cumulative construction and operational water quality impact arising from, inter alia, other pollution sources within the study area;
(xii) Evaluation of the potential for and associated water quality impacts arising from accidental vessel collisions within the Project area during construction and maintenance of the wind farm. The Applicant shall devise a contingency plan for control and mitigation of the associated pollution impacts as identified above.
(xiii) Identification and quantification of all dredging, fill extraction, filling, mud/sediment transportation and disposal activities and requirements. Potential fill source and dumping ground to be involved shall be identified. Appropriate laboratory tests such as elutriate tests (USACE) and sediment pore water (interstitial water) analyses shall be performed on the sediment samples to simulate and quantify the degree of mobilization of various contaminants of concern into the water column during dredging. The ranges of parameters to be analyzed, the number, type and methods of sampling, sample preservation and chemical and biological laboratory test methods to be used shall be subject to the approval of the Director. The categories of sediments which require different types of disposal in accordance with the Environmental, Transport and Works Bureau Technical Circular (Works) No. 34/2002 shall be identified by both chemical and biological tests and their quantities shall be estimated. If the presence of any seriously contaminated sediment which required Type 3 disposal is confirmed, the Applicant shall identify the most appropriate treatment and/or disposal arrangement and demonstrate its feasibility;
(xiv) In case of small scale dredging works, the Applicant shall assess the potential increase in turbidity and suspended solids levels in the water column due to disturbance of marine sediments during dredging. The potential for release of contaminants during dredging shall also be addressed using the chemical and biological testing results derived from sediment samples collected on site and relevant historic data;
3.4.2. Ecological Impact (Terrestrial and Marine)
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.
22.214.171.124 The assessment area for marine ecological impact shall cover Port Shelter, Mirs Bay, Eastern Buffer, Junk Bay and Southern Water Control Zones as designated under the Water Pollution Control Ordinance or any areas likely 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 Project shall avoid impacts on wildlife groups or habitats/ species with conservation interests including but not limited to corals (including all hard corals, octocorals and black corals), marine mammals, amphioxus (Branchiostoma spp.) and avifauna, in particular migratory birds. The assessment shall identify and quantify as far as possible the potential ecological impacts to the natural environment and the associated wildlife groups and habitats/species arising from the proposed Project including its construction and operation phases as well as the subsequent management and maintenance of the proposals.
188.8.131.52 The assessment shall include the following major tasks:
(i) review the findings of relevant studies/surveys and collate the available information regarding the ecological characters of the assessment area;
(ii) evaluate information collected and identify any information gap relating to the assessment of potential ecological impact;
(iii) carry out ecological field surveys and investigations to fill in the information gaps identified in Sections 184.108.40.206 (ii) above and fulfil the objectives of the EIA study. The field surveys shall include but not limited to coral communities, marine benthic communities, marine mammals and avifauna, in particular migratory birds. The benthic survey shall cover at least 6 months duration covering both wet and dry season and the avifauna surveys shall cover at least 9 months covering March to August. The survey for marine mammals shall cover a duration of at least 12 months covering 4 seasons.
(iv) establish the general ecological profile of the Study Area based on data of relevant previous studies/ surveys and results of the ecological field surveys, and taking into consideration the seasonal variations, and describe the characteristics of each habitat found; major information to be provided shall include:
(a) description of the physical environment; including all recognized sites of conservation importance and assess whether these sites will be affected by the proposed Project or not;
(b) habitat maps of suitable scale showing the types and locations of habitats/species in the Study Area with special attention to those with conservation interests, including but not limited to the following:
Ø coral communities (including all hard corals, octocorals and black corals);
Ø marine mammals, in particular finless porpoises;
Ø any other notable marine benthic or littoral communities, in particular amphioxus, Branchiostoma spp.;
Ø avifauna, in particular migratory birds; and
Ø any other habitats/ species identified as having special conservation interest by this EIA study.
(c) ecological characteristics of each habitat type such as extent, substrate, size, type, species present, dominant species found, species diversity and abundance, community structure, ecological value and inter-dependence of the habitats and species, and presence of any features of ecological importance;
(d) representative colour photos of each habitat type and any important ecological features identified;
(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife / habitats or red data books;
(f) investigation and description of the existing wildlife uses of the various habitats with special attention to those wildlife groups and habitats with conservation interests, including but not limited to coral communities, amphioxus, marine mammals and avifauna in the context of the proposal;
(vi) using suitable methodology and considering also other works activities from other projects reasonably likely to occur at the same time, identify and quantify as far as possible of any direct (e.g. loss of habitats due to construction of wind turbines, other supporting facilities and laying of submarine cables, etc), indirect (e.g. changes in flight path, water qualities, hydrodynamics properties, sedimentation rates and pattern, hydrology, rotation, noise and other disturbance generated by the wind turbines and other supporting facilities, etc), on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity, habitat fragmentation, and in particular the following:
Ø deterioration or disturbance to corals (including all hard corals, octocorals and black corals) or other marine habitats/species of conservation value, including any discovered during the course of the study;
Ø removal or disruption of potentially valuable benthic communities, such as amphioxus, Branchiostoma spp.;
Ø impacts to aquatic organisms during construction and avifauna during operational stage due to rotation of the wind turbines, noise produced by the wind turbines and the glare due to reflection of sunlight;
Ø potential impacts of habitat use by marine mammals due to the presence of a contiguous array of turbines within their habitat; and
Ø potential impacts or disturbance (e.g., physical injury, underwater noise) to marine mammals in particular Finless porpoises during construction (e.g., dredging of turbine foundations, cable installations, pile driving for installation of turbine foundations) and during operation (e.g., underwater noise generated by the wind turbines).
(vii) evaluation of ecological impact shall be based on the best and latest information available during the course of the EIA study, using quantitative approach as far as practicable and covering construction and operation phases of the Project as well as the subsequent management and maintenance requirement of the proposals;
(viii) evaluation of significance and acceptability of the ecological impacts identified using criteria in Annex 8 of the TM;
(ix) recommendations for all possible alternatives, such as modification/change of layout design, construction site and method, spacing and alignment of wind turbines and submarine cables and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified during construction and operation of the Project such as, construction of the project at times that minimize impacts to marine mammals, corals, amphioxus and avifauna;
(x) evaluation of the feasibility and effectiveness of the recommended mitigation measures and definition of the scope, type, location, implementation arrangement, resources requirement, subsequent management and maintenance of such measures;
(xi) determination and quantification as far as possible of the residual ecological impacts after implementation of the proposed mitigation measures;
(xii) evaluate the severity and acceptability of the residual ecological impacts using the criteria in Annex 8 of the TM; and
(xiii) review of the need for and recommendation for any ecological monitoring programme required.
3.4.3 Fisheries Impact
220.127.116.11 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM.
assessment area for fisheries impact assessment shall cover the Port Shelter,
18.104.22.168 The assessment shall cover any potential impact on both capture and culture fisheries, during the construction and operation phase. Existing information regarding the study area shall be reviewed. Based on the review results, the study shall identify data gap and determine if there is any need for field surveys. If field surveys are considered necessary, the study shall recommend appropriate methodology, duration and timing for the field surveys.
22.214.171.124 The fisheries impact assessment shall include the following tasks:
(i) Description of the physical environmental background;
(ii) Description and quantification of the existing capture and culture fisheries activities;
(iii) Description and quantification of the existing fisheries resources (e.g. major fisheries products and stocks);
(iv) Identification of parameters (e.g. water quality parameters) and areas that will be affected;
(v) Identification and quantification of any direct/indirect and onsite/offsite impacts of fisheries;
(vi) Evaluation of impacts and make recommendations for any environmental mitigation measures with details on justification, description of scope and programme, feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the proposals; and
(vii) Review the need for monitoring and, if necessary, recommend a monitoring and auditing programme.
3.4.4 Landscape and Visual Impact
126.96.36.199 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the Technical Memorandum and the Guidance Notes EIAO No. 8/2002 on the preparation of Landscape and Visual Impact Assessment under the EIAO. Landscape and visual impacts during both construction and operation phases within the assessment area shall be assessed.
188.8.131.52 The assessment area for landscape impact assessment shall include all areas within a 500m distance from the Project while the assessment area for the visual impact assessment shall be defined by the visual envelope of the Project.
184.108.40.206 The Applicant shall review all relevant plan(s) and/or studies which may identify areas of high landscape value and recommend marine park, country park, coastal protection area, green belt and conservation area designations. Any guidelines on landscape and urban design strategies and frameworks that may affect the appreciation of the Project shall also be reviewed. The aim is to gain an insight to the future outlook of the area affected so as to assess whether the Project can fit into the surrounding setting. Any conflict with statutory town plan(s) and any published land use plans shall be highlighted and appropriate follow-up action shall be recommended.
220.127.116.11 The Applicant shall describe, appraise, analyze and evaluate the existing and planned landscape resources and character of the assessment area. A system shall be derived for judging landscape and visual impact significance as required under the TM. Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape character areas and landscape resources and mapping of impact assessment shall be extensively used to present the findings of impact assessment. Descriptive text shall provide a concise and reasoned judgement from a landscape and visual point of view. 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 Project with the existing and planned landscape setting. 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.
18.104.22.168 The Applicant shall assess the visual impacts of the proposed Project. Clear illustration including mapping of visual impact is required. The assessment shall include the following:
(i) Identification and plotting of visual envelope of the proposed Project.
(ii) Identification of the key groups of sensitive receivers within the visual envelope with regard to views from ground level, sea level and elevated vantage points.
(iii) Description of the visual compatibility of the proposed Project with the surrounding and the planned setting, and its obstruction and interference with the key views of the adjacent areas.
(iv) The severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts particularly due to the aviation safety requirements and glare impact of the Project shall also be considered in the assessment. The visual impacts of the proposed Project with and without mitigation measures shall be included so as to demonstrate the effectiveness of the proposed mitigation measures.
22.214.171.124 The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area. In addition, alternative site, design and construction methods that would avoid or reduce the identified landscape and visual impacts shall be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The mitigation measures proposed shall not only be concerned with damage reduction but shall also include consideration of potential enhancement of existing landscape and visual quality. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.
126.96.36.199 The mitigation measures shall also include the design of structure, provision of finishes to structure, colour scheme and texture of material used and any measures to mitigate the impact on the existing and planned land use. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the Project.
188.8.131.52 Annotated illustration materials such as colour perspective
drawing, plans and section/elevation diagrams, annotated oblique aerial
photographs, photographs taken at vantage points, and computer-generated
photomontage shall be adopted to illustrate the landscape and visual impacts of
the proposed Project. In particular, the landscape and visual impacts of the
Project with and without mitigation measures shall also be properly illustrated
in existing and planned setting by computer-generated photomontage so as to
demonstrate the effectiveness of the proposed mitigation measures. All computer
graphics shall be compatible with Microstation DGN file format. 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.
Consideration should be given to views affecting the following, but not
necessarily limited to, residents and tourists/visitors of Clear Water Bay Peninsular,
3.4.5 Construction Waste Management Implications
184.108.40.206 The Applicant shall follow the criteria and guidelines as stated in Annexes 7 and 15 of the TM for evaluating and assessing waste management implications arising from construction of the Project.
220.127.116.11 The assessment of waste management implications shall cover the following:
(i) Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste and chemical waste arising as a result of the construction activities of the Project. The Applicant shall adopt design, general layout, construction methods and programme to minimize the generation of public fill/inert C&DM and maximize the use of public fill/inert C&DM for other construction works.
(ii) Proposal for Waste Management
(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be evaluated. Measures which can be taken in the planning and design stages, e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be considered;
(b) After considering the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for the wastes shall be described in detail. The disposal options recommended for each type of wastes shall take into account the result of the assessment in item (c) below. The EIA report shall also state clearly the transportation routings and the frequency of the trucks/vessels involved, any barging point or conveyor system to be used, the stockpiling areas and the disposal outlets for the wastes identified; and
(c) The impact caused by handling (including stockpiling, labelling, packaging & storage), collection, transportation and disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- noise; and
- wastewater discharge,
- landscape ad visual impacts, if any.
3.4.6 Impact on Cultural Heritage
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM.
22.214.171.124 The Applicant shall engage a qualified marine archaeologist to review available information to identify whether there is any possible existence of sites of objects of cultural heritage, for example shipwreck, within any seabed that would be affected by the marine works of the Project. The information includes but not limited to the information as stipulated in Task 1 – Baseline Review and Task 2 – Geophysical Survey according to the Requirements of Marine Archaeological Investigation (MAI) at Appendix C of this Study Brief. The result of the review should be presented as a written report and charts. If sites or objects of cultural heritage are found, a MAI is required within the said area. The MAI shall be carried out by a qualified marine archaeologist who shall obtain a Licence from the Antiquities Authority under the provision of the Antiquities and Monuments Ordinance (Cap 53).
126.96.36.199 The Applicant shall demonstrate that the disturbance, including access, to those sites of cultural heritage are avoided to the maximum practicable extent by modification of the layout and design of the Project. For those sites of cultural heritage that might still be directly and indirectly affected by the Project, the Applicant shall recommend practicable mitigation measures and monitoring to avoid or keep the adverse impacts on the site of cultural heritage to the minimum. A checklist including the affected sites of cultural heritage, impacts identified, recommended mitigation measures as well as the implementation agent and period shall also be included in the EIA report.
3.4.7 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.
3.4.8 Environmental Monitoring and Audit (EM&A) Requirements
188.8.131.52 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during the construction, operation, restoration and aftercare stages of the Project and, if affirmative, to define the scope of the EM&A requirements for the Project in the EIA study.
184.108.40.206 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 also propose real-time reporting of monitoring data for the Project through a dedicated internet website.
220.127.116.11 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix D to this EIA study brief) 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 36 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief 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:
(i) 50 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.
(ii) When necessary, addendum to the EIA report and the executive summary submitted in sub-section 5.2 (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
(iii) 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.
5.3 The Applicant shall, upon request, 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 prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), 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 shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EIA report and executive summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.
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 section 7(1) of the EIAO, 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.
5.8 To facilitate public involvement in the EIA process, the applicant shall produce 3-dimensional electronic visualisations of the major findings and elements of the EIA report, including baseline environmental information, the environmental situations with or without the project, key mitigated and unmitigated environmental impacts, and key recommended environmental mitigation measures so that the public can understand the project and the associated environmental issues. The visualisations shall be based on the EIA report and released to the public. The visualisations shall be submitted in CD-ROM or other suitable means agreed with the Director in commonly readable formats. Unless otherwise advised or agreed by the Director, the number of copies of CD-ROM required shall be the same as that for EIA reports under Clause 5.2.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.
6.2 If there is any key change in the scope of the Project mentioned in sub-section 1.2 of this EIA study brief and in Project Profile (No. PP-285/2006), 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 a fresh EIA study brief.
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Environmental Assessment and Noise Division,
Environmental Protection Department