Agreement No. CE 2/2011 (CE) Hung Shui Kiu New Development Area Planning and Engineering Study – Investigation Environmental Impact Assessment Report 12 IMPACT ON CULTURAL HERITAGE 12.1 Introduction 12.1.1 This section presents the assessment for cultural heritage impacts that may arise from the construction and operation of the proposed Hung Shui Kiu New Development Area (HSK NDA) (herein referred to as the “Project”) as per the Revised Recommended Outline Development Plan (RODP). 12.1.2 Details of the key project elements proposed within the Revised RODP (Figure 2.2) are described in Chapter 2. 12.2 Environmental Legislation, Policies, Plans, Standards and Criteria 12.2.1 Legislation, standards and guidelines relevant to the consideration of cultural heritage under this EIA include the following: Environmental Impact Assessment Ordinance EIAO (Cap.499) and Technical Memorandum (EIAO-TM) - the EIAO stipulates that consideration must be given to issues associated with built heritage and archaeology as part of the EIA process. Schedule 1 Interpretation of the EIAO defines “Sites of Cultural Heritage” as “an antiquity or monument, whether being a place, building, site or structure or a relic, as defined in the Antiquities and Monuments Ordinance and any place, building, site, or structure or a relic identified by the Antiquities and Monuments Office (AMO) to be of archaeological, historical or paleontological significance”; The EIAO-TM identifies a general presumption in the favor of the protection and conservation of all sites of cultural heritage and requires impacts upon sites of cultural heritage to be 'kept to the absolute minimum'. Annex 10 and 19 of the EIAO-TM outline criteria for evaluating the impacts on sites of cultural heritage and guidelines for impact assessment, respectively; Guidance Note on Assessment of Impact on Sites of Culture Heritage in Environmental Impact Assessment Studies - the Guidance Note assists the understanding of the requirements of the EIAO-TM in assessing impact on sites of cultural heritage in EIA studies; Antiquities and Monuments Ordinance (A&MO) (Cap.53) - the Ordinance provides the statutory framework for the protection of Declared Monuments and preservation of objects of historical, archaeological and paleontological interest. The Ordinance contains the statutory procedures for the Declaration of Monuments. Under the Ordinance, a “monument” means a place, building, site or structure which is declared to be a monument, historical building or archaeological or paleontological site; Hong Kong Planning Standards and Guidelines (HKPSG) - Chapter 10 of HKPSG covers planning considerations relevant to conservation. It also details the principles of conservation, the conservation of natural landscape and habitats, historic buildings and sites of archaeological interest, and addresses the issue of enforcement. The HKPSG appendices list the legislation and administrative controls for conservation, other conservation related measures in Hong Kong, and Government departments involved in conservation; 12-1 August 2016 Agreement No. CE 2/2011 (CE) Hung Shui Kiu New Development Area Planning and Engineering Study – Investigation Environmental Impact Assessment Report Guidelines for Cultural Heritage Impact Assessment (GCHIA) - the Guidelines outline the technical requirements for conducting cultural heritage impact assessment. The guidelines put preservation in totality as the first priority. Mitigation measures should be proposed in cases with identified impacts and if this is not feasible due to site constraints or other factors, full justification must be provided. 12.3 Assessment Approach and Methodology 12.3.1 In accordance with Clause 3.4.13.2 of the EIA Study Brief (No. ESB-291/2015), the assessment area covers an area within 100 m from the boundary of the proposed Project and associated works (refer to Figures 12.1 and 12.2). The following presents the assessment approach for Archaeology and Built Heritage followed for this EIA Report. Archaeology 12.3.2 A desktop literature review was conducted to assess the potential existence of archaeological remains within the assessment area. The following information has been considered in this EIA: AMO’s List of Sites of Archaeological Interest; Lists and archives kept in the Reference Library of AMO; Publications on local historical, architectural, anthropological, archaeological and other cultural studies, such as, Journals of the Royal Asiatic Society (Hong Kong Branch), Journals of the Hong Kong Archaeological Society, AMO Monograph Series and so forth; Other unpublished papers, records, archival and historical documents through public libraries, archives, and the tertiary institutions, such as the Hong Kong Collection and libraries of the Department of Architecture of the University of Hong Kong and the Chinese University of Hong Kong, Public Records Office, photographic library of the Information Services Department and so forth; Any other unpublished archaeological investigation and excavation reports kept by AMO; Relevant information from AMO’s website; Historical documents in the Public Records Office, the Land Registry, District Lands Office, District Office and the Hong Kong Museum of History and so forth; Cartographic and pictorial documents. Old and recent maps and aerial photos searched in the Map and Aerial Photo Library of the Lands Department; Existing geological and topographic information; and Previous EIA study reports, archaeological reports and related studies. 12-2 August 2016 Agreement No. CE 2/2011 (CE) Hung Shui Kiu New Development Area Planning and Engineering Study – Investigation Environmental Impact Assessment Report 12.3.3 An Archaeological Field Survey (AFS) was undertaken and completed in March 2015. The AFS report was approved by AMO (Appendix 12.2). The objectives of the AFS were: a) to review the findings of existing available information regarding the archaeological remains (literature review); b) to compile a comprehensive inventory of known archaeological sites and archaeological potential area(s); c) to assess known archaeological sites within the assessment area which will be directly impacted by the developments and infrastructure of the NDA; d) to assess the archaeological potential of areas near known archaeological sites; e) to identify any unknown archaeological site/archaeological potential areas affected by the developments and infrastructure of the NDA; f) to appraise the cultural heritage value of archaeological remains, deposit and structures, as well as to establish the archaeological potential that is likely to be affected by the developments and infrastructure of the NDA; g) to provide baseline information and evaluation of the conditions of the archaeological remains for assessment of potential impacts caused by the developments and infrastructure of the NDA, and recommendation of mitigation measures for such impacts; and h) to submit “Draft and Final Archaeological Survey Report and Executive Summary Reports” containing all the data and the results of the Survey. Built Heritage 12.3.4 Features which fall within the scope of the baseline study of built heritage include: all declared monuments; all proposed monuments; all buildings/ structures/ sites graded or proposed to be graded by the Antiquities Advisory Board (AAB); Government historic sites identified by AMO; buildings/ structures/ sites of high architectural / historical significance and interest which are not included above; cultural landscapes include places associated with historic event, activity, or person or exhibiting other cultural or aesthetic values, such as sacred religious sites, battlefields, a setting for buildings or structures of architectural or archaeological importance, historic field patterns, clan graves, old tracks, fung shui woodlands and ponds, etc. List of declared and proposed monuments protected by the Antiquities and Monuments Ordinance (Chapter 53); 12-3 August 2016 Agreement No. CE 2/2011 (CE) Hung Shui Kiu New Development Area Planning and Engineering Study – Investigation Environmental Impact Assessment Report 12.3.5 In this assessment, the built features include village houses, ancestral halls, study halls, temples, churches, shrines, monasteries, village gates, wells, schools, historic walls, bridge stone tablets, government functional structures, shop houses and military structures. Their cultural significances were briefly assessed to establish the baseline condition for the identification of potential impacts arising from the proposed construction works and recommendations for the corresponding mitigation measures. With reference to the Charter for the Conservation of Places of Cultural Significance (1999) (The Burra Charter) issued by the International Council on Monuments and Sites (ICOMOS) of UNESCO, “cultural significance” means aesthetic, historic, scientific, social or spiritual value. 12.3.6 Cultural and historical landscapes assessed in this cultural heritage impact assessment include places associated with an historic event, activity, or person or exhibiting other cultural or aesthetic values, including: Sacred religious sites; Battlefields; A setting for buildings or structures of architectural or archaeological importance; Historic field patterns; Clan or historic graves, which are associated with historical figures of a community; Old tracks or footpaths; Assessment results of the 1,444 historic buildings with their existing and respective proposed grading,