P1252109403rDkfc - PowerPoint PPT Presentation

Title: P1252109403rDkfc


1
Implementation of EIA on Transport Infrastructure
Projects in Hong Kong
Dr. HUNG Wing-tat Associate Professor The Hong
Kong Polytechnic University

• Outline
• Overview of Worldwide EIA Experience
• Development of EIA in Hong Kong
• EIA on Infrastructure Projects
• North-South Lantau Link
• Lok Ma Chau Rail Spur Line
• The Way forward

2
World-wide EIA Experience
Main Objective of EIA
Reconciliation of environmental and socioeconomic
considerations with respect to development and
other proposed actions
EIA content

• Physical e.g., water quality, soil and air
  quality
• Biological e.g., vegetation, wildlife and
  endangered species
• Socioeconomic e.g., demographic, economic and
  social values

3
EIA process

• Screening define projects to be subject to EIA
• Scoping define key issues to be addressed
• EIA preparation collect and analyse scientific
  evidence and suggest remedial actions
• EIA review Regulatory authority assesses the EIA
  report

4
Public participation in EIA

• Public participation varies from place to place
• US accepts public participation as early as in
  scoping stage and allows public to submit their
  own EIA report
• Canada sets up a panel of experts to supervise
  EIA preparation and to solicit public views
• UK consults sectors of public at the discretion
  of the control authority

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Uncertainties of EIA
Four types of uncertainty

• Uncertainty of prediction precision of
  information
• Uncertainty of values weighting of parameters
  and issues
• Uncertainty of related decisions
• Uncertainty of implementation

6
EIA process in HK (EIA Ordinance 1997)

• Define Designated Projects
• Project Proponent applies to EPD for study brief
• EPD solicit views from Advisory Council on
  Environment (ACE) and public to draw up study
  brief
• Project Proponent carries out EIA study to meet
  requirements of study brief and Technical
  Memorandum of EIAO
• EPD reviews EIA study report and consults
  relevant government departments, ACE and public
• EPD decides issuance of environmental permit

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EIA on Infrastructure Projects

• Road length of HK increased from 870km tp 1904km
  from 1965 to 2000
• Rail length increased from 34 km to 148km
• First 16 months since Implementation of EIAO, 145
  applications (including road and rail projects),
  there was no rejection until 2000
• Two projects North South Lantau Road Link and
  Lok Ma Chau Rail Spur Line met with rejections

8
North South Lantau Road Link

• Existing road link is sub-standard with max.
  capacity of 100 vph
• A new road proposal of 6 km linking Tai Ho Wan in
  the North to Mui Wo in the South
• Director of EPD rejected the application of
  Environmental Permit because Tai Ho Wan is a site
  of significant ecological value
• Transport Bureau did not appeal but turned back
  to negotiate with stakeholders
• Widening of existing road link with a max. 15
  gradient, 15 hectares of park land affected,
  estimated costs of HK1 billion

9
Existing North-south Lantau road link - Tung
Chung Road
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Lok Ma Chau Rail Spur Line

• A rail link of 7.3 km relieving the north-south
  traffic from existing rail line
• 700m of viaduct crossing Long Valley, a site of
  high ecological importance (29 out of 200 bird
  species are of conservation importance)
• EPD rejectd EIA report and declined to issue
  environmental permit
• Rail company launched appeal but failed, wasted
  HK10 million (violate spirit and integrity of
  EIAO)
• The verdict pointed out (a) EIA guidance too
  vague and (b) lack of communication between EPD
  and proponent

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Long Valley
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The Way Forward
Paradigm Shift after the Two Cases

• A clear community consensus
• Environment, conservation and quality of life is
  worth paying for - the starting point of all our
  future public policies.

• Hong Kong people has demonstrated a clear
  preference of sustainable development over
  growth in quantity but not quality

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Reflections of the Long Valley Case

• Some accusations of the current EIA process
• The guidance for preparing the EIA provided both
  in the Technical Memorandum and the Study Brief
  is too vague Judgement of Appeal Board, 30 July
  2001
• This environment thing will eventually topple
  Hong Kongs development. You must make clear what
  environmental protection is. Is it protection of
  birds or of humans? Sir Gordon Wu (SCMP,
  6/10/2001)

Real culprit lack of a clear conservation policy
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Reflections of the Long Valley Case

• Quality of EIA study report can be questionable
• Personnel involved mainly project consultants
  and EP officers other stakeholders refused
  participation.
• Resource availability small project sum and time
  constraint (detailed construction methodologies
  unknown at the time of EIA preparation)

15
Reflections of the Long Valley Case
No mechanism of reconciliation

• No provision in EIAO for direct dialogues between
  the project proponent and opponents when disputes
  arise
• Reconciliation through direct dialogues is
  achievable, e.g., North-south Lantau Link project
• Negotiation and mediation to arrive at
  reconciliation have been adopted successfully in
  construction industry

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Reflections of the Long Valley Case
Independence of EIA report is questionable

• It is questionable whether EIA study is conducted
  independently when the consultant has to
  primarily satisfy the requirements of the project
  proponent
• The current system of consultant selection and
  monitoring does not reward consultants for
  quality and independence.

17
Reflections of the Long Valley Case
The role of EPD is ambiguous

• EPD has been taking up conflicting roles as
• EIAO administrator
• Guidance of project proponents
• One of the many Government departments which
  advises Government projects

Director of EPD presence at the announcement of
Spur Line Tunnel Option verifies this ambiguity
18
Reflections of the Long Valley Case
Lessons to be learnt

• An explicit conservation policy is badly needed
• Existing EIA process is effective but needs be
  improved and strengthened, not weakened or
  downgraded.

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An EIA process to support Sustainable Development

• A clear conservation policy and conservation
  sites
• Qualified team to conduct qualified EIA (with
  reasonable resource commitment and safeguard for
  independence)
• Proper channel of reconciliation early
  involvement of community in preparation of EIA,
  arbitration, mediation, adjudication
• EIA to be commissioned by an independent EIA
  Commission with warrant resources collected from
  project proponents
• Clear role of EPD EIAO regulator and umpire