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Public Participation Window, Time and Outcome Empirical Case Studies in Hong Kong Hung Shiu Fung, Thomas Fischer Introduction • Public participation is mostly considered as important, because: • should contribute to the identification and resolution of conflicts and facilitate project implementation (Glucker et al, 2013) • could help solving problems through suggestions of concepts, solutions and mobilizing resources (O’Faircheallaigh, 2010) • Is it the case? • How does it work? Overview of Hong Kong EIA System • Mainly governed by Environmental Protection Department (EPD) • Environmental Permit based • EIA findings would be reflected in permit conditions • TWO statutory Public Inspection windows • May require Stakeholder/ Community Liaison in the Environmental Permit Public inspection Stakeholder Liaison Public inspection Project Profile /Study Brief EIA Report Permit EIA Process Project Implementation Follow ups Case 1: Biodiversity Conservation in Tung Chung • Part of the Tung Chung New Town Expansion Planning Study • Tung Ching River and Bay was known for its aquatic and coastal biodiversity • Green groups demanded keep it as it was Case 1: Major EIA and project events EIA Report Approval rd Project Profile & 3 Project Profile Submission Study Brief Study Brief Issued EIA Report Environmental Permit Submission 2nd Project Profile & Approval Study Brief 2007 2012 2013 Stage 1 Public Engagement Revised Concept Plan 2014 2015 Stage 3 Public Engagement & Drafted Plan release Stage 2 Public Engagement & Start Drafting Outline Development plan 2016 Finalized Plan release Case 1 Major Negotiation events Proposed River Park Conservation measures Required to conduct studies on added to Project Profile stated as Permit Conditions concerned area and species nd 2 Project Profile & Study Project Profile Study Brief Issued Environmental 3 Project Profile & Study Brief Brief Submission Permit Approval EIA Report Approval rd EIA Report Submission 2012 Stage 1 Public Engagement To be studied Concerns about potential damage to ecosystem 2013 2014 Request “no work” at the river and bay area 2015 2016 Stage 3 Public Engagement Stage 2 Public & Drafted Plan release Engagement River Park and Boundary of Will implement conservation conservation Area Proposed measures, base of EIA result Finalized Plan release Case 1: Outcome • The lobbying and negotiation took 2 years • The river and bay area was modified as part of the storm water management measures • Bay area was zoned as Coastal Protection Area • River park was viewed as a compromised measure Case 2: Nuisance at Telegraph Bay Barging Point • Part of the South Island Line East Railway Extension Project • The railway was generally well Perceived • Concerns over the noise and air impact associated with the barging activities Case 2: Major EIA and Project Events Project Profile Submission Environmental Permit Approved Study Brief Issued EIA Report Submission Community liaison & Approval Group meetings 2008 2009 2011 2015 2016 Gazette of the use of Project Completion Telegraph Bay Barging Point Main civil works Detail Design Contracts awarded Start Preliminary Design Start Green light from Government 2010 Case 2: Major Negotiation Events (Impact Predicted to be within Criteria) EIA Report Submission & Approval 2010 Community Liaison Required as Permit Condition Environmental Permit Approved Community liaison Group meetings Concerns about local nuisance Objection to the use of site Gazette of the use of Telegraph Bay Barging Point 2011 Request Additional Monitoring and Mitigation Measures Main civil works Contracts awarded Additional Monitoring Mitigation Measures Implemented Case 2: Outcome • Request from the local community changed from prohibiting the use to minimizing nuisance • Negotiation focused on the contractor and site management • Significant Influence to the construction work Requests Results Use other barging point Enhancement of Barging Point Design Additional Monitoring Measures to Control Trucks Type and Speed Scheduling the works of heavy machineries Enhancement of Landscape reinstatement Partly Analysis and Discussion • “Early” is a relative term • Different concerns associated with different project stage • Necessary to engage in both the EIA and Project Implementation • Project Implementation and EIA works in parallel, but not directly linked • The status of the project implementation usually not transparent Project Profile /Study Brief Green light Preliminary Design EIA Report Detail Design Permit Finalized Design Follow ups Construction Conclusion • Public Participation in EIA have potentials to influence project design and solve socio-environmental conflicts • Having multiple participation windows helps • Neither connected to each other nor design for continuous negotiation • Depends heavily on the will, determination and “know how” • Cases that made significant change are not common • Frustration when requests got dismissed • Should EIA install provisions to align public comments with project implementation schedule? 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