Policy Comments & Advocacy

Green Power would like to draw your kind attention to our grave concerns about the above-captioned Project Profile (PP).

General Comments

1. The Proposed “Developments at Lau Fau Shan, Tsim Bei Tsui and Pak Nai Areas” (the Project) would include road network and developments such as public and private residential housing, business and technology parks, eco-tourism uses, retail, dining and entertainment uses, logistics facilities, a data centre, a revamped seafood market, government institutions (e.g. electricity substation, sewage treatment works, sewage pumping stations, etc.), and education institutions. The Project also comprises a Coastal Protection Park (CPP) (Section1.4.1).

2. Lau Fau Shan, Tsim Bei Tsui, and Pak Nai areas are located within the Inner Deep Bay area and they constitute the globally important wetland system. In view of the high ecological sensitivity of the project area, the proposed Project should prioritize ecological conservation as the primary development principle and none ecological values within the project area should be compromised. Therefore, potential environmental impacts, especially to the ecological sensitive receivers, should be thoughtfully assessed, avoided and mitigated in the EIA. In addition, cumulative impacts of the overlapping and neighboring development projects (listed in Section 2.3.1) should also be assessed in the EIA.

3. However, detailed development plan or map, as well as the so-called Preliminary Outline Development Plan (PODP) (Section 2.1.1) of the proposed developments are unavailable in the PP, the basic information (e.g. location, scale, design) of the major development works are missing. In this circumstance, it is difficult to identity all the potential environmental impacts induced by the proposed Project. We urge the Project proponent to provide the detailed development plan before applying for a study brief to enhance the credibility and quality of the EIA.

Ecology

4. The coast and intertidal mudflat along the Project area are the important habitats for various species of high ecological values, including migratory birds, Egretries, Horseshoe Crabs, Eurasien Otters, See Gasses, mangroves, etc. Therefore, these natural wetlands and their adjacent areas should be well preserved, and the proposed developments should induce neither ecological impacts nor excessive human disturbances to these natural habitats.

5. Existing backshore habitat and vegetation along the coast of the Project area should be preserved as they are integral parts of the ecology, surface geology and landscape of natural coast and intertidal mudflat⁽¹⁾. The extent and distribution of vegetated backshore habitat should be identified in the EIA Report. Vegetation coverage, composition and status, and fauna of backshore habitat should be monitored and assessed independently.

6. Reclamation works (including associated dredging works) of more than 1 ha in size may be conducted in the Project (Section 1.5.2, C.2(1)). Given the high ecological values along the coast of the Project area, we are highly concerned about any permanent loss of the coastal and marine habitats due to reclamation. Unfortunately, no further information is provided in the PP regarding the potential reclamation works.

7. The detailed design and operation of CPP are currently unavailable (Section 1.4.1). We opine that the establishment of CPP should aim at conserving the holistic wetland ecosystem at the Deep Bay area. In this regard, the CPP should at least cover the whole coast (from the low-tide mark to the high-tide mark) continuously from Tsim Bei Tsui to Pak Nai and extend seaward to include shallow sea bed permanently inundated.

8. Besides, engineering works for the CPP (e.g. dredging/marine works) should be kept as minimal as possible to minimize the ecological impacts. The level of protection and control in the CPP should be comparable with the existing Marine Parks in the operational phase. Therefore, only low-intensity and compatible human activities should be allowed in CPP and strict statutory regulations should be accorded to combat any unfavorable behaviors (e.g. clam digging, fishing, littering). Visitor control plan should also be formulated to avoid exceeding the environmental carrying capacity of CPP.

9. Tin Shui Wai Nullah next to the Project area also constitutes part of the Deep Bay wetland system and offers foraging grounds to numbers of waterbird. The Nullah should be identified as one of the important ecological sensitive receivers and it should be included in the ecological impact assessment.

10. The ecological connectivity between Mai Po and Castle Peak should be retained to facilitate the natural movement of wildlife. We do not support development of high-rise residential buildings that likely blocks the existing avian flight paths of the migratory birds and egrets.

11. The alignment of new road network in the proposed Project, though not mentioned in the PP, should avoid causing habitat fragmentation. New public roads or cycling track should not intrude into ecologically sensitive areas to induce unnecessary disturbances.

12. Sufficient ecological survey efforts should be spent to uncover the up-to-date ecological baseline condition. In particular, specific survey scheme for Eurasian Otter should be formulated to understand the distribution and abundance of otters around the Project area, so as to accurately assess and mitigate the potential ecological impacts.

Air Quality

13. According to Environmental Protection Department’s yearly Air Quality and Health Index (AQHI) data, Tuen Mun and Yuen Long ranked the top most polluting districts in terms of annual numbers of HR hours (hourly AQHI ≥7) and HR days (daily maximum AQHI ≥7) in ten consecutive years⁽²⁾. The Project area locates in vicinity of Yuen Long and Tuen Mun.

14. The Project proponent should implement effective mitigation measures to control all the potential air pollution sources of the new developments to avoid further worsening the air quality. Particularly, measures to suppress the formation and health impacts of ozone should be devised and implemented such as extensive urban greening in paved areas to lower the surface temperature and prevention of volatile organic compounds emission from industrial sources in the Project area.

<u>Water Quality</u>

15. The proposed Project is in close vicinity to the Mai Po Inner Deep Bay Ramsar Site. In order to comply with the “zero discharge policy” for Deep Bay and protect the ecology of Ramsar Site, any untreated surface runoff generated from the Project site during both construction and operational phase should be prevented from discharging into any semi-natural or channelized watercourses connecting to the Deep Bay area. We propose that related mitigation and control measures should be incorporated into the specifications of the works contract.

16. Natural backshore vegetation should be preserved as it filters and lowers the pollutants level in surface runoff flushing to the coast and intertidal mudflat during rainstorms or generated by human activities. It also protects the mudflats, beaches and seagrass beds from runoff erosion during torrential rainstorms. Also, the backshore vegetation also helps trap the sediment of surface runoff from depositing on fragile habitat such as sea grass beds.

17. Vegetated backshore habitat is particularly important when extensive and massive works will be conducted for the proposed Project which will cause increased and more polluted surface runoff discharging to the coast and intertidal mudflats. Therefore, backshore vegetation is vital to sensitive habitats such as seagrass beds and spawning and nursery ground of Horseshoe Crabs.

18. Measures to prevent discharge of chemicals to the coast in the Project areas should be devised in the EIA Report for any chemical spillage incidents in the construction phase, and in industrial, logistics, innovative technology areas and roads in the operational phase.

Solid Waste

19. As most of the areas adjoining the Project site are rural area, any fly-tipping of solid wastes generated from this project will be hard to combat. In fact, the Project area is one of the fly-tipping blackspots in the Northwest New Territories. Even if such incidents are spotted, reinstatement can seldom be implemented because of various reasons such as land ownership, land use zoning and etc. Therefore, storage, transportation and disposal of such solid wastes should be under stricter monitoring and control. The mitigation measures to prevent illegal and environmentally vandalistic dumping of wastes generated from the proposed development should be incorporated into the specifications of the works contract.

Brownfield Proliferation

20. A proper reallocation and/or compensation plan for the existing brownfield operations in the Project area should be formulated in the early stage to prevent proliferation of unfavorable and uncontrollable brownfields to the nearby rural areas.

Eco-tourism

21. Eco-tourism is not necessarily environmentally friendly if not proper implemented. The PP does not define explicitly the activities associated with eco-tourism in the proposed Project area. Neither strategy nor pilot scheme of ecotourism was proposed which should include environmental and ecological carrying capacity assessment, scientific monitoring of environmental and ecological resources, continuous assessment of environmental performance of related business, activities and facilities and corresponding surveillance and control mechanism, etc. Therefore, the environmental and ecological impacts of any commercial and educational land uses, and developments under the claimed so-called “eco-tourism” purposes without details should not be treated preferentially in the whole EIA process.

Thank you very much for your kind attention. For any inquiries, please contact the undersigned at Green Power (T: 3961 0200, F: 2314 2661, Email: info@greenpower.org.hk).