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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

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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

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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

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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

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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

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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

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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)

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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.

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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
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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