Download Public Participation Window, Time and Outcome

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?
Thank you!!