Consultancy Agreement No. NOL/ERL-300 Environmental Impact Assessment of Hong Kong Section of Guangzhou-Shenzhen-Hong Kong Express Rail Link MTR Corporation Limited Environmental Impact Assessment Report 8. CULTURAL HERITAGE IMPACT Introduction 8.1 This section presents a cultural heritage impact assessment of the Project, identifying cultural heritage resources, assessing potential direct and indirect impacts from proposed works on these resources, and recommending mitigation measures where required. Environmental Legislation and Standards 8.2 Legislation, Standards, Guidelines and Criteria relevant to the consideration of Cultural Heritage impacts under this study include the following: x Environmental Impact Assessment Ordinance (EIAO); x Technical Memorandum on Environmental Impact Assessment Process (EIA-TM); x Antiquities and Monuments Ordinance; x Hong Kong Planning Standards and Guidelines (HKPSG); x Guidelines for Cultural Heritage Impact Assessment (GCHIA); and x Guidelines for Marine Archaeological Investigation (GMAI). Environmental Impact Assessment Ordinance (Cap.499) 8.3 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 AM Ordinance and any place, building, site, or structure or a relic identified by the Antiquities and Monuments Office to be of archaeological, historical or palaeontological significance”. Technical Memorandum on Environmental Impact Assessment Process 8.4 The criteria and guidelines for evaluating and assessing impacts are listed in Annexes 10 and 19 of the EIA-TM respectively. The criteria for evaluating impact on sites of cultural heritage include: x The general presumption in favour of the protection and conservation of all sites of cultural heritage because they provide an essential, finite and irreplaceable link between the past and the future and are points of reference and identity for culture and tradition; and x Adverse impacts on sites of cultural heritage shall be kept to an absolute minimum. Antiquities and Monuments Ordinance (Cap.53) 8.5 The Antiquities and Monuments Ordinance provides the statutory framework for the preservation of objects of historical, archaeological and palaeontological interest. 8.6 The Ordinance contains the statutory procedures for the Declaration of Monuments. Under the Ordinance, monument means a place, building, site or structure which is declared to be a monument, historical building, archaeological or palaeontological site or structure because of its historical, archaeological or palaeontological significance under section 3 of the Ordinance. 8.7 Under section 6 and subject to subsection (4) of the Ordinance, the following acts are prohibited in relation to certain monuments, except under permit granted by the Secretary for Development: x To excavate, carry on building works, plant or fell trees or deposit earth or refuse on or in a proposed monument or monument; or x To demolish, remove, obstruct, deface or interfere with a proposed monument or monument 8.8 The discovery of an Antiquity, as defined in the Ordinance, must be reported to the Antiquities Authority, or a designated person. The Ordinance also provides that, the ownership of every relic discovered in Hong Kong after the commencement of this ordinance shall vest in the Government AECOM Environment 8-1 May 2009 EIA S8 Cultural Heritage.doc Consultancy Agreement No. NOL/ERL-300 Environmental Impact Assessment of Hong Kong Section of Guangzhou-Shenzhen-Hong Kong Express Rail Link MTR Corporation Limited Environmental Impact Assessment Report from the moment of discovery. The Authority on behalf of the Government may disclaim ownership of the relic. 8.9 No archaeological excavation can be carried out by any person, other than the Authority and the designated person, without a licence issued by the Authority. A licence will only be issued if the Authority is satisfied that the applicant has sufficient scientific training or experience to enable him to carry out the excavation and search satisfactorily, is able to conduct, or arrange for, a proper scientific study of any antiquities discovered as a result of the excavation and search, and has sufficient staff and financial support. Hong Kong Planning Standards and Guidelines 8.10 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 archaeological sites, and addresses the issue of enforcement. The appendices list the legislation and administrative controls for conservation, other conservation related measures in Hong Kong, and Government departments involved in conservation. Guidelines for Cultural Heritage Impact Assessment 8.11 The Guidelines for Cultural Heritage Impact Assessment (GCHIA) is attached in Appendix C-1 of the EIA Study Brief No. ESB-197/2008 (ESB) including a baseline study, field evaluation and impact assessment. Guidelines for Marine Archaeological Assessment 8.12 The Guidelines for Marine Archaeological Assessment (GMIA) is attached in Appendix C-2of the EIA Study Brief No. ESB-197/2008 (ESB) including a baseline study, geophysical survey, establishing archaeological potential and remote operated vehicle/ visual diver survey and report. Vibration Limits on Heritage Buildings 8.13 The vibration level should be controlled within a peak particle velocity (ppv) limit of 25mm/s measured inside historic buildings to prevent potential damage to built heritage, i.e. Declared Monuments and graded historical buildings, during blasting operations. This vibration limit was widely adopted for heritage buildings in other approved EIA Reports (e.g. West Island Line EIA (Register No. AEIAR-126/2008), and Harbour Area Treatment Scheme Stage 2 EIA1 (Register No.: AEIAR-121/2008)), and also proposed by Civil Engineering and Development Department (CEDD) for monitoring of blasting operations in Hong Kong. Assessment Methodology Study Area Terrestrial Archaeology 8.14 Given the Project works areas and supporting sites in southern section (i.e. from West Kowloon to Shing Mun, Tsuen Wan and Kwai Chung) are located in urbanized areas, it is therefore anticipated that there would be no archaeological potential at these works areas. 8.15 In addition, it is anticipated that there would be no archaeological potential within deep underground tunnel alignment, and therefore the study area of terrestrial archaeological impact assessment covers 500m from the boundaries of above-ground works areas and supporting sites in northern 1 According to Harbour Area Treatment Scheme Stage 2 EIA (Register No.: AEIAR-121/2008), it is recommended to adopt a ppv limit of 25mm/s for historic buildings such as Western Market, old shophouse at no.207, Des Voeux Road, old cable house of former club house of Royal Hong Kong Yacht Club in Kellet Island, old Central Battery and old West Battery in Stone Cutter Island. AECOM Environment 8-2 May 2009 EIA S8 Cultural Heritage.doc Consultancy Agreement No. NOL/ERL-300 Environmental Impact Assessment of Hong Kong Section of Guangzhou-Shenzhen-Hong Kong Express Rail Link MTR Corporation Limited Environmental Impact Assessment Report section (i.e. from Pat Heung to Mai Po, Lung Kwu Sheung Tan, Tai Shue Ha Road West, Siu Lang Shui, Tsing Chau Tsai and So Kwun Wat, Siu Lam) (Figure No. NOL/ERL/300/C/XRL/ENS/M55/000). Marine Archaeology 8.16 The study area for marine archaeological impact assessment covers the proposed dredging area associated with the construction of Lung Kwu Sheung Tan barging point. Built Heritage 8.17 The study area of built heritage covers an area that stretches 500m from the Project alignment and boundaries of all associated areas under the Project, including terminus, stabling sidings and emergency rescue station in Shek Kong, access roads, construction shafts/adits, ventilation buildings/Emergency Access Point, magazine sites, works areas and barging points (Figure No. NOL/ERL/300/C/XRL/ENS/M55/000). 8.18 According to the ESB, the historical structures of the Jubilee Reservoir are required to be assessed, but these historical structures are located out of the 500m study area, and no adverse impact is thus anticipated. They are therefore not addressed further in this report. 8.19 The baseline condition of cultural heritage has been established through a literature review and field surveys. Assessment Methodology Terrestrial Archaeology 8.20 With reference to the ESB and the GCHIA, an archaeological survey was undertaken to examine record and interpret archaeological resources within the study areas. The archaeological impact assessment should comply with the Guidelines of Cultural Heritage Impact Assessment issued by AMO. 8.21 A desktop study was conducted to collect available and relevant information of previous archaeological, historic, geographic and geological studies related to the study area where excavation works would be conducted. 8.22 The interpretation of archaeological resources is based on the following aspects: x the extent of archaeological deposit; x the depth of archaeological deposit; x the chronology of artefacts; x the nature and condition of archaeological deposit; and x the significance of findings. 8.23 With reference to the finding of archaeological potential review and field walk within the study areas, an archaeological field survey in an extent of a total of 8 test pits (each at least 1m x 1.5m at the base