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Consultancy Agreement No. NEX/2213 MTR Corporation

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Consultancy Agreement No. NEX/2213 MTR Corporation Consultancy Agreement No. NEX/2213 EIA Study for Shatin to Central Link - Hung Hom to Admiralty Section MTR Corporation Limited Environmental Impact Assessment Report (Final) 5. ECOLOGICAL IMPACT Introduction 5.1 This section identifies and evaluates the nature and extent of potential impacts resulting from the Project on marine ecological resources in the assessment area. Relevant baseline studies and assessment reports were reviewed and both direct and indirect impacts on ecology during construction and operation phases were included in the assessment. 5.2 Field surveys were undertaken to check the current ecological baseline conditions. Ecological importance of habitats and species potentially affected by the proposed works was identified and assessed. The scale and significance of possible ecological impacts resulting from the Project was evaluated, and necessary mitigation measures were recommended. Residual and cumulative ecological impacts were also identified and evaluated, and ecological monitoring and audit requirements were discussed. Environmental legislation, policies, plans, standards and criteria 5.3 This assessment makes reference to the following HKSAR Government ordinances, regulations, standards, guidelines, and documents when identifying ecological importance of habitats and species, evaluating and assessing potential impacts of the Project on the ecological resources: Environmental Impact Assessment Ordinance (EIAO) (Cap. 499) – aims to avoid, minimize and control the adverse effects on the environment by designated projects through the application of the environmental impact assessment process and the environmental permit system. Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM) Annex 8 – recommends the criteria that can be used for evaluating habitat and ecological impact. EIAO-TM Annex 16 – sets out the general approach and methodology for assessment of ecological impacts arising from a project or proposal, to allow a complete and objective identification, prediction and evaluation of the potential ecological impacts. EIAO Guidance Note No. 3/2010 – provides guiding principles on the approach to assess the recommended environmental mitigation measures in EIA reports. EIAO Guidance Note No. 6/2010 – clarifies the requirement of ecological assessments under the EIAO. EIAO Guidance Note No. 7/2010 – provides general guidelines for conducting ecological baseline surveys in order to fulfill requirements stipulated in the EIAO-TM. EIAO Guidance Note No. 11/2010 – introduces some general methodologies for marine ecological baseline surveys. Wild Animals Protection Ordinance (Cap. 170) – designated wild animals are protected from being hunted, whilst their nests and eggs are protected from injury destruction and removal. All birds and most mammals, including marine cetaceans, are protected under this Ordinance. The Second Schedule of the Ordinance, which lists all the animals protected, was last revised in June 1997. Town Planning Ordinance (Cap. 131) – provides for the designation of coastal protection areas, Sites of Special Scientific Interest (SSSIs), Conservation Area, Country Park, Green Belt or other specified uses that promote conservation or protection of the environment. Chapter 10 of the Hong Kong Planning Standards and Guidelines (HKPSG) – covers planning considerations relevant to conservation. This chapter details the principles of conservation, the conservation of natural landscape and habitats, historic buildings, archaeological sites and other antiquities. It also describes enforcement issue. The appendices list the legislation and administrative controls for conservation, other conservation related measures in Hong Kong and government departments involved in conservation. AECOM Asia Company Ltd 5-1 Nov 2011 Sec 5_EcoIA_Final Consultancy Agreement No. NEX/2213 EIA Study for Shatin to Central Link - Hung Hom to Admiralty Section MTR Corporation Limited Environmental Impact Assessment Report (Final) The Marine Parks Ordinance (Cap. 476) and Subsidiary Legislation – allows for designation, control and management of marine parks and marine reserves through regulation of activities therein to protect, conserve and enhance the marine environment for the purposes of nature conservation, education, scientific research and recreation. The Ordinance came into effect on 1 June 1995. The Protection of the Harbour Ordinance (Cap. 531) – bases on a presumption against reclamation, the harbour is to be protected and preserved as a special public asset and a natural heritage of Hong Kong people. The Water Pollution Control Ordinance (Cap. 358) – aims to control water pollution in waters of Hong Kong. Water control zones are designated with individual water quality objective to promote the conservation and best use of those waters in the public interest. The most updated water quality objectives for the Victoria Harbour Water Control Zone were revised in June 1997. 5.4 This assessment also makes reference to the following international conventions and nearby national regulation: International Union for Conservation of Nature and Natural Resources (IUCN) 2008 Red Data Books – provides taxonomic, conservation status and distribution information on threatened species that have been evaluated using the IUCN Red list Categories and Criteria. This system is designed to determine the relative risk of extinction, and the main purpose of the IUCN Red List is to catalogue and highlight those taxa that are facing a higher risk of global extinction. The PRC National Protection Lists of Important Wild Animals and Plants – lists detailed Category I and Category II key protected animals and plant species under Mainland Chinese Legislation. The list was last updated in November 2002. Assessment Methodology Assessment Area 5.5 In accordance with Clause 3.4.7.2 of the EIA Study Brief (ESB-193/2008), marine ecological impact assessment is required only if there are proposed marine works that would disturb the seabed. The assessment area for the marine ecological impact assessment shall be the same as that for the water quality impact assessment, or the area likely to be impacted by the Project, which covers the Victoria Harbour Water Control Zone (WCZ), the Eastern Buffer WCZ and the Western Buffer WCZ, as declared under the Water Pollution Control Ordinance (WPCO), any areas within a distance of 300 m from the Project boundary and from any works sites, including works sites away from the railway route, and other areas such as existing and new drainage system and any associated water system(s) affected by the construction and operation of the Project and associated works, including any phased implementation. The assessment area may be extended to include other areas being impacted such as stream courses and the associated water systems in the vicinity. 5.6 Whilst, it is stipulated in Clause 3.4.7.3 of the EIA Study Brief that terrestrial/freshwater ecological impact assessment is required only if off-site works area would encroach or affect recognized sites of conservation importance such as country parks, Sites of Special Scientific Interests (SSSI) and important habitats as stated in Annex 8 of the TM. 5.7 The off-site works area away from the railway route includes immersed tube (IMT) casting basin at ex-Shek O Quarry. The ex-Shek O Quarry comprised of two habitats namely Developed Area/ Disturbed Area and Plantation habitat. Developed Area/ Disturbed Area included the access road, the site office, the mining area and the associated facilities. Plantation habitat encompassed the roadside plantation along the traffic road, amenity planting on engineering slopes and the plantation area. These areas were dominated by exotic tree species such as Acacia confusa, Acacia auriculiformis, Acacia mangium, Leucaena leucocephala and Eucalyptus sp., as well as some native shrub or tree (i.e. Gordonia axillaris, Mallotus paniculatus, Schefflera heptaphylla, Macaranga tanarius, Litsea glutinosa and Rhodomyrtus tomentosa) The floral diversity was low and the age was young. 5.8 The ex-Shek O Quarry will be used as a fabrication works site with a concrete batching plant. Although Shek O Country Park and D‟ Aguilar Peninsula SSSI are about 20 m and 100 m away AECOM Asia Company Ltd 5-2 Nov 2011 Sec 5_EcoIA_Final Consultancy Agreement No. NEX/2213 EIA Study for Shatin to Central Link - Hung Hom to Admiralty Section MTR Corporation Limited Environmental Impact Assessment Report (Final) respectively, they are separated from the proposed works area by traffic road and a steep tall slope of plantation area. The proposed construction works is similar in nature to the previous quarrying works and is relatively small in scale, and would not affect the nearby country park and SSSI. 5.9 Since the off-site works area would not encroach or affect any recognised sites of conservation importance such as country parks, SSSI, and important habitats as stated in Annex 8 of the TM, terrestrial/freshwater ecological impact assessment is not required in accordance with Clause 3.4.7.3 of the EIA Study Brief. Literature Review 5.10 In accordance with Clause 3.4.7.5 (i) of the EIA Study Brief, a review of the findings of relevant studies and collation of all the available information regarding the ecological character of the assessment area were carried out. The information collated was evaluated to provide the ecological baseline information and identify any information gap relating to the assessment of potential ecological
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