The Hong Kong Polytechnic University 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

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

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

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

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

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

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

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 HK$1 billion

Existing North-south Lantau road link - Tung Chung Road

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 HK$10 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

Long Valley

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”

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 Kong’s 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

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)

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

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.

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

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.

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