1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. Existing North-south Lantau road link - Tung Chung Road

10. 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

11. Long Valley

12. 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”

13. 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

14. 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)

15. 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

16. 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.

17. 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

18. 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.

19. 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