Environmental Permit No. EP-317/2009
環境許可證編號 EP-317/2009
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第 10 條
ENVIRONMENTAL PERMIT
TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance
(the Ordinance), the Director of Environmental Protection (the Director) grants
this environmental permit to MTR CORPORATION LIMITED (hereinafter
referred to as the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions
specified in Part C. The issue of this environmental permit is based on the
documents, approvals or permissions described below:
根據《環境影響評估條例》（環評條例）第10條的規定，環境保護署署長（署長）將本環境許可證批予香港鐵路有限公司（下稱“許可證持有人”）以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
|
Application No. 申請書編號： |
AEP-317/2008 |
|
Document in the Register: 登記冊上的文件： |
(1)
Tsim Sha Tsui Station Northern Subway Environmental Impact Assessment (EIA)
Report, Environmental Monitoring and Audit (EM&A) Manual and Executive
Summary (Register No.: AEIAR-127/2008)
[Hereinafter referred to as the “EIA Report”] (1) 地鐵尖沙咀站北行人隧道環境影響評估報告，環境監測及審核手冊及行政摘要 (登記冊檔號: AEIAR-127/2008) [下稱 “環評報告”] (2) The
Director’s letter of approval of the EIA report dated 31 December 2008 [Ref.:
(16) in EP2/K1/A/ (2) 署長於 |
|
Application No. 申請書編號： |
AEP-317/2008 |
|
Document in the Register: 登記冊上的文件： |
(3) Application for Environmental Permit submitted by the Permit
Holder on 18 September 2008 (Application No. AEP-317/2008) (3) 許可證持有人於 |
|
8
January 2009
Date 日期 |
|
(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 行) |
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated project mentioned in Part A of this environmental
permit
(hereinafter referred
to as the “Permit”):
下列為本環境許可證(下稱 “許可證”)
A部所提述的指定工程項目的說明:
|
Title of Designated Project 指定工程項目的名稱 |
Tsim Sha Tsui Station Northern Subway [This designated project is hereinafter
referred to as “the Project”] 地鐵尖沙咀站北行人隧道 [這指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
Construction
and operation of an underground pedestrian subway link consisting of two sections;
an underground satellite concourse; a new plant basement near existing
Entrance A1 of Tsim Sha Tsui Station; and Entrance A1 upgrade. 興建和運作一條分兩段的行人隧道、一個衛星大堂、一個位於現有A1入口附近的新機房地庫，及改良A1入口。 |
|
Location of Designated Project 指定工程項目的地點 |
Tsim Sha Tsui. The location
of the Project is shown in Figure 1 attached to this Permit. 尖沙咀。工程項目的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The scope of the Project includes: (i)
A section of subway (Subway TST)
under (ii)
An approximately (iii)
Another section of subway (Subway MSC) under (iv)
An Emergency Exit outside Miramar
Shopping Centre, situating in the planter along the footpath of (v)
A two-level plant basement (Plant Basement)
located below and in front of Entrance A1; and |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(vi)
Entrance A1 upgrade 工程項目的內容包括： (i)
一段位於彌敦道地底的行人隧道（TST隧道）：由尖沙咀站北端起，伸延約 (ii)
一個長約 (iii)
另一段位於彌敦道地底的行人隧道（MSC隧道）：由衛星大堂北端起，伸延約 (iv)
一個緊急出口。緊急出口位於美麗華商場外，彌敦道側行人路旁的花槽； (v)
一個兩層的機房地庫，位於A1入口前的地底； (vi)
改良A1入口 |
1. General
Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap. 499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2
The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including without limitation to the Noise Control Ordinance (Cap.
400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). This Permit does
not of itself constitute any ground of defence against any proceedings
instituted under any legislation or imply any approval under any legislation.
1.3
The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit or the documents referred to in Part A of the Permit
readily available at all times for inspection by the Director or his authorised
officers at all sites/offices covered by this Permit. Any reference to the Permit shall
include all documents referred to in the Permit and also the relevant documents
in the Register.
1.4
The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site(s) refers to site(s) of
construction and operation of the Project and shall mean the same hereafter.
1.5
The
Permit Holder shall display conspicuously a copy of this Permit on the
construction site(s) at all vehicular site entrances/exits or at a convenient
location for public information at all times. The Permit Holder shall ensure that the
most updated information about the Permit, including any amended permit, is
displayed at such locations. If the Permit Holder surrenders a part or the
whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied
or cancelled Permit shall be removed from display at the construction site(s).
1.6
The
Permit Holder shall construct and operate the Project in accordance with the
project descriptions in Part B of this Permit.
1.7
The
Permit Holder shall ensure that the Project is designed, constructed and
operated in accordance with the information and all recommendations described in
the EIA Report (Register No.: AEIAR-127/2008), the application document
(Application No. AEP-317/2008), other relevant documents in the Register; and
the information or mitigation measures described in this Permit, and mitigation
measures to be recommended in submission that shall be deposited with the
Director as a result of permit conditions contained in this Permit, and
mitigation measures to be recommended under on going surveillance and
monitoring activities during all stages of the Project. Where recommendations
referred to in the documents of the Register are not expressly referred to in
this Permit, such recommendations are nevertheless to be implemented unless
expressly excluded or impliedly amended in this Permit.
1.8
All
submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the comments, if any, made by the Director within one month
of the receipt of the Director’s comments or otherwise as specified by the
Director.
1.9
All
submissions to the Director, all submissions deposited without comments by the
Director, and all submissions rectified in accordance with comments by the
Director under this Permit shall be construed as part of the permit conditions
described in Part C of this Permit. Any variation of the submissions shall be
approved by the Director in writing or as prescribed in the relevant permit
conditions. Any non-compliance with the submissions may constitute a
contravention of the Environmental Impact Assessment Ordinance. All submissions
or any variation of the submissions shall be certified by the Environmental
Team (ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 below, before submitting to the Director
under this Permit.
1.10 The
Permit Holder shall release all finalised submissions as required under this
Permit, to the public by depositing copies in the Environmental Impact
Assessment Ordinance Register Office, or in any other places, or any internet
websites as specified by the Director, or by any means as specified by the
Director, for public inspection. For this purpose, the Permit Holder shall
provide sufficient copies of the submissions.
1.11 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project at least two weeks before the commencement of
construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
1.12 All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy
Road, Wanchai, Hong Kong). Electronic copies of all finalised submissions
required under this Permit shall be prepared in Hyper Text Markup Language
(HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0
or later), unless otherwise agreed by the Director and shall be submitted at
the same time as the hardcopies.
1.13 For
the purpose of this Permit, “commencement of construction” does not include
works related to site clearance and preparation, or other works as agreed by
the Director.
2.
Submissions or Measures before Commencement of
Construction of the Project
2.1 An ET shall be
established at least two weeks before the commencement of construction of the
Project. The ET shall be headed by an ET Leader. The ET Leader shall
be a person who has at least 7 years experience in environmental monitoring and
audit (EM&A) or environmental management. The ET and the ET Leader
shall be responsible for the implementation of the EM&A programme as
contained in the EM&A Manual for the EIA Report (Register No. AEIAR-127/2008).
In addition, the ET Leader shall be responsible for certifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions under this Permit. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances, which may affect the compliance with the recommendations of
the EIA Report (Register No. AEIAR-127/2008) or this Permit. The ET Leader
shall notify the IEC within one working day of the occurrence of any such
instance or circumstance or change of circumstance. This log-book shall be
kept readily available for inspection by all persons assisting in the
supervision of the implementation of the recommendations of the EIA Report (Register
No. AEIAR-127/2008) and this Permit or by the Director or his authorized
officers. Failure to maintain records in the log-book, failure to
discharge the duties of the ET Leader as defined in the EM&A Manual or
failure to comply with this Condition would entitle the Director to require the
Permit Holder by notice in writing to replace the ET Leader. Failure by
the Permit Holder to make replacement, or further failure to keep
contemporaneous records in the log-book despite the employment of a new ET
Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed
at least two weeks before the commencement of construction of the
Project. The IEC shall have at least 7 years experience in EM&A or
environmental management. The IEC shall be responsible for duties defined
in the EM&A Manual for the EIA Report (Register No. AEIAR-127/2008), and shall audit the overall EM&A programme including the
implementation of all environmental mitigation measures, submissions relating
to EM&A, and any other submissions required under this Permit. In
addition, the IEC shall be responsible for verifying the environmental
acceptability of permanent and temporary works, relevant design plans and
submissions under this Permit. The IEC shall verify the log-book(s)
mentioned in Condition 2.1 of this Permit. The IEC shall notify the
Director by fax, within 24 hours of receipt of notification from the ET Leader
of each and every occurrence, change of circumstances or non-compliance with
the EIA Report (Register No. AEIAR-127/2008) or this Permit, which might affect
the monitoring or control of adverse environmental impact. Where the IEC
fails to so notify the Director of the same, fails to discharge the duties of
the IEC as defined in the EM&A Manual or fails to comply with this
Condition, the Director may require the Permit Holder by notice in writing to
replace the IEC. Failure to replace the IEC as directed or further
failure to so notify the Director despite employment of a new IEC may render
the Permit liable to suspension, cancellation or variation. Notification
by the Permit Holder is the same as notification by the IEC for the purpose of
this Condition.
2.3 The Permit Holder shall, at least two weeks before the commencement
of construction of the Project, inform the Director in writing the management
organization of the main construction companies and/or any form of joint
ventures associated with the construction of the Project. The submitted
information shall include at least an organization chart, names of responsible
persons and their contact details.
2.4 The Permit
Holder shall, no later than two
weeks prior the commencement of construction of the Project, prepare and
deposit with the Director three (3) sets of Waste Management Plan (WMP). The WMP shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report (Register No. AEIAR-127/2008). The WMP shall:
(i)
clearly define the duties and responsibilities of
different parties in carrying out the activities described in the WMP;
(ii)
provide all key information (including at least the types and quantities of
waste, timing and activities of waste generation, locations for temporary
storage, considerations for recycle, reuse and destinations for final
disposal);
(iii)
work out the arrangements on how to minimize the
disposal quantity of construction and demolition material (C&DM) of the
Project (including adopting an appropriate purchasing strategy to avoid
generation of C&DM, and sensible design and construction methods to minimize
the generation of C&DM, together with arrangements for recycling/reusing
the C&DM on-site for other stages and/or other sections of the Project or
off-site for other projects);
(iv)
elaborate the arrangements and procedures on how
the above solution shall be implemented on-site to establish an implementation
plan. The details shall include, where appropriate, the specific measures to be
adopted for minimizing waste generation; the timing and quantities of different
types of waste arising from various stages or sections of the Project; the
temporary storage arrangements of different types of waste including the
locations of the designated segregation and storage areas; the reuse/recycling
arrangements including the locations of any specific sections of Project or any
other projects; the destinations, modes and routes of waste disposal; the
various parties responsible for implementing the various waste management
recommendations. The implementation plan shall be practicable and enforceable;
(v)
recommend a recording and management system to keep
track of the compliance with the plan to facilitate audit purpose;
(vi)
take into account the latest C&DM disposal
arrangement and address the associated environmental impacts that may arise;
Measures recommended in the deposited WMP
shall be implemented by the Permit Holder and any person working on the Project
throughout the construction period.
3. Measures
during Construction of the Project
General Requirement
3.1 The subway
tunnel from the north end of Tsim Sha Tsui Station to the Satellite Concourse
(Subway TST) and the subway tunnel from the north end of the Satellite
Concourse to the Miramar Shopping Centre (Subway MSC) as shown in Figure 1 of
this Permit shall be constructed using tunneling by mining method to minimize construction
dust and construction airborne noise impacts.
3.2 Project excavation
areas at Entrance A1 and the proposed satellite concourse shall be decked to
screen off construction dust and construction airborne noise emission.
3.3
Driven piling and blast method
shall not be adopted for the construction of the Project.
Measures
to Mitigate Construction Noise Impact
3.4 When
above ground exhaust is required for the ventilation of decked excavation area,
the above ground exhaust shall be located away from existing residential
building.
3.5 The surface
density of the metal sheet cover for the Project excavation areas shall not be
less than
3.6 When any one item of
construction plants included in the list below is to be used at excavation
areas prior to decking, only the quiet type of the relevant construction plant
with Sound Power Level not exceeding the value as stipulated below shall be
used to mitigate construction noise impacts:
(i)
Hydraulic breaker (excavator
mounted) with Sound Power Level (SWL) not exceeding 106dB(A);
(ii)
Concrete lorry mixer with SWL
not exceeding 100dB(A);
(iii)
Mobile crane with SWL not
exceeding 101dB(A);
(iv)
Vibratory poker (hand-held)
with SWL not exceeding 102dB(A)
3.7 Movable noise barrier
shall be implemented to mitigate construction noise impacts of the Powered
Mechanical Equipment (PME) as listed below to achieve requirements as set out
in Condition 3.11 below. Noise barrier material shall have a surface mass of
not less than
(i)
Compactor (vibratory);
(ii)
Cutter (circular, steel);
(iii)
Saw (concrete);
(iv)
Electric winch;
(v)
Grout mixer;
(vi)
Grout pump;
(vii)
Handheld breaker;
(viii)
Hoist (passenger / material,
electric);
(ix)
Poker (vibratory, hand-held);
(x)
Soil pump;
(xi)
Water pump;
(xii)
Welder / generator (portable)
3.8 Noise enclosure / acoustic
shed shall be implemented to mitigate construction noise impacts of the PME as
listed below. The noise enclosure / acoustic shed shall achieve no less than
the noise reduction as listed below:
(i)
15dB(A) noise reduction for air
compressor;
(ii)
15dB(A) noise reduction for concrete
pump
3.9 Silencers shall be
implemented to mitigate noise impact from fan ventilation system operation
during construction of the Project. The silencers shall achieve no less than
15dB(A) noise reduction for the fan ventilation system operation.
3.10 Noise insulating fabric shall be
implemented to mitigate construction noise impacts of the PME as listed below.
The noise insulating fabric shall be lapped with no opening or no gap on the
joints. The noise insulating fabric shall achieve no less than the noise
reduction as listed below:
(i)
10dB(A) noise reduction for drill
rig (rotary type, diesel);
(ii)
10dB(A) noise reduction piling (earth
auger)
3.11 The Permit Holder
shall ensure the implementation of noise mitigation measures in full compliance
with the details as set out in accordance with Conditions 3.4, 3.5, 3.6, 3.7,
3.8, 3.9 and 3.10 above to achieve the construction noise performance at noise
sensitive receivers as predicted in the EIA Report (Register No.: AEIAR-127/2008).
Measures to Mitigate
Construction Landscape Impact
3.12 No Old and Valuable Trees (OVTs) shall
be felled or transplanted. The crowns and roots of OVTs shall be preserved in
situ.
3.13
There shall be no encroachment of works into the drip line of the OVTs
as shown in Figure 2 of this Permit.
4. Measures
for Operation of the Project
Measures
to Mitigate Operation Noise Impact
4.1 Fixed plant / louvre shall be positioned
/ located to avoid facing noise sensitive receivers.
Measures
to Mitigate Operation Landscape Impact
4.2
The emergency exit in
front of the Miramar Shopping Centre shall be located away from the trunk and drip
line of the OVTs as shown in Figure 2 of this Permit.
5. Environmental
Monitoring and Audit (EM&A) during the Construction Period
5.1
The EM&A programme shall be implemented
in accordance with the procedures and requirements as set out in the EM&A
Manual for the EIA Report
(Register No. AEIAR-127/2008). Any changes to the programme shall be justified
by the ET leader and verified by the IEC as conforming to the information and
requirements contained in the EM&A Manual before submission to the Director
for approval.
5.2 The
Permit Holder shall take samples and measurements in accordance with the
requirements of the EM&A Manual by:
(a) conducting
baseline monitoring as set out in the EM&A Manual;
(b) conducting
impact monitoring as set out in the EM&A Manual;
(c) carrying out remedial actions in
accordance with the Event and Action Plan, as set out in the EM&A Manual,
in cases where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of the
details of (a) to (c) above within 3 working days of the collection of data or
completion of remedial action(s), for the purposes of preparing and submitting
the monthly EM&A Reports and to make available the information for
inspection on site.
5.3 All EM&A data submitted
under this Permit shall be true, valid and correct.
5.4 Three hard copies and two electronic
copies of the Baseline Monitoring Report shall be submitted to the Director at
least two weeks before the commencement of any construction works. The Report
shall include, but without limitation to, the details of the baseline noise
monitoring. Additional copies of the submission shall be provided to the
Director upon request from the Director.
5.5 Three hard copies and
two electronic copies of monthly EM&A Report shall be submitted to the
Director within 2 weeks after the end of the reporting month. The monthly
EM&A Report shall also document further detailed tree survey information,
tree preservation method statements and tree monitoring, to be supervised by a
certified landscape architect and audited by the ET of the Permit Holder. The
monthly EM&A Report shall also update the amenity value of the three
Delonix trees (along
5.6 The actions described
in the Event/Action Plans of the EM&A Manual shall be fully and properly
carried out, in accordance with the time frame(s) set out in the Event/Action
Plan, or as agreed by the Director.
5.8 The Permit Holder shall
set up a construction complaint investigation procedure at least 2 weeks before
the commencement of construction works. The complaint investigation procedure
shall follow the requirements set out in the EM&A programme.
6. Electronic Reporting of EM&A
Information
6.1 To facilitate
public inspection of the Baseline Monitoring Report and monthly EM&A
Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 5.4 and
5.5 of this Permit. For the HTML version, a content page capable of providing
hyperlink to each section and sub-section of these Reports shall be included in
the beginning of the document. Hyperlinks to all figures, drawings and tables
in these Reports shall be provided in the main text from where the respective
references are made. All graphics in these Reports shall be in interlaced GIF
format unless otherwise agreed by the Director. The content of the electronic
copies of these Reports must be the same as the hard copies.
6.2 All environmental
monitoring data described in Condition 6.1 above shall be made available to the
public via internet access in the shortest possible time and in no event later
than 2 weeks after the relevant environmental monitoring data are collected or
become available, unless otherwise agreed with the Director. The Permit
Holder shall notify the Director in writing, within 4 weeks after the
commencement of works, the internet address where the environmental monitoring
data are to be placed. The internet address and the relevant environmental
monitoring data shall be made available to the public via the EIAO Internet
Website and the EIAO Register Office.
6.3 The
internet website as described in Condition 6.2 above shall enable user-friendly
public access to the monitoring data / information with features capable of:
(a) providing
access to all environmental monitoring data / information collected since the
commencement of works (including at least air quality, noise and tree
preservation procedures);
(b) searching
by date;
(c) searching
by types of monitoring data / information (including at least air quality, noise
and tree preservation procedures); and
(d) hyperlinking
to relevant monitoring data after searching;
or otherwise as agreed
by the Director.
Notes :
1. This
Permit consists of three parts, namely, PART A (Main Permit), PART B
(Description of Designated Project) and PART C (Permit Conditions). Any person
relying on this Permit should obtain independent legal advice on the legal
implications under the Ordinance, and the following notes are for general
information only.
2. If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit
Holder shall not carry out any associated works without the permission of the
Director or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the construction site by the amended permit.
4. A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under Section 12 of the Ordinance to the Director for a further environmental
permit.
5. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the construction or operation of the Project could be continued. It is
an offence under Section 26(1) of the Ordinance to construct or operate a
designated project listed in Part I of Schedule 2 of the Ordinance without a
valid environmental permit.
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable: -
(i)
on a first conviction on
indictment to a fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
(iii)
on a first summary
conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent
summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the
offence is of a continuing nature, the court or magistrate may impose a fine of
$10,000 for each day on which he is satisfied the offence continued.
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance within 30 days of receipt of this Permit.
9. The
Notes are for general reference only and that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.
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Environmental Permit No. EP-317/2009
環境許可證編號 EP-317/2009