Environmental Permit No. EP-135/2002/E
環境許可證編號EP-135/2002/E
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 10
環境影響評估條例
(第499章)
第10及13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 (EIAO), the Director of Environmental Protection (the
Director) grants the Environmental Permit (EP-135/2002) to THE NEW TERRITORIES
EAST DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (now known as CIVIL
ENGINEERING AND DEVELOPMENT DEPARTMENT) (hereinafter referred to as the “Permit
Holder”) on 13 May 2002. Pursuant to Section 13 of the EIAO, the Director
amends the Environmental Permit (EP-135/2002/D) based on the Application No.
VEP-235/2007. The amendments described below, are incorporated into this
Environmental Permit (EP-135/2002/E). This Environmental Permit as amended is
for the construction and operation of the designated project(s) described in Part
B of this Permit subject to the conditions described in or attached to Part
C of this Permit.
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)於2002年5月13日將環境許可證(EP-135/2002)批予拓展署(現稱土木工程拓展署)新界東拓展署(下稱“許可證持有人”)。根據環評條例第13條的規定，署長因應更改環境許可證的申請編號VEP-235/2007修訂環境許可證編號EP-135/2002/D。以下修訂已包含在本環境許可證內(EP-135/2002/E)。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程項目，但須遵守本許可證c部所說明或附載的條件。
The issue of this amended environmental permit is based on the documents,
approvals or permissions described below:
本經修訂的環境許可證乃依據下列文件、批准或許可條件而簽發 –
|
Application No. 申請書編號 |
VEP-235/2007 |
|
|
Document in
the Register: 登記冊上的文件： |
(1)
|
Sha Tin New Town - Stage II, Trunk Road T3 (Tai Wai)
Environmental Impact Assessment (EIA) Study (Register No. EIA-143/BC) -
Updated Final Report (March 1998) [Hereinafter
referred to as the “EIA Report”] -
Environmental Monitoring & Audit Manual (March
1998) [Hereinafter referred to as the “EM&A Manual”] 沙 田 新 市 鎮 第 二 階 段– T3 號 主 幹 道 路 (大 圍 ) 環 境 影 響評 估 (登 記 冊 編 號: EIA-143/BC) -
《最 新 修 訂 報 告》 (1998年3月) ([下 稱「環 評 報 告」] -
《環 境 監 察 及 審 核 手 冊》(1998年3月) [下 稱 「環 監 手 冊」] Documents attached to the Application for Environmental Permit
submitted by the Permit Holder on -
“Sha Tin New Town, Stage II, Trunk Road T3 - Tai
Wai, Environmental Review Report (March 2002 (Revised))” [Hereinafter
referred to as the "Environmental Review"] 許 可 證 持 有 人 於 2002年 4月 18日 提 交 的 環 境 許 可 證 申 請 書 夾 附 的 文 件 (申 請 書 編 號 ： AEP-135/2002) [下 稱 「 申 請 書 」 ] -
《沙 田 新 市 鎮 第 二 階 段 – T3 號 主 幹 道 路 (大 圍 )環 境 檢 討 報 告 (2002 年 3 月 修 訂) 》 [下 稱 「 環 境 檢 討 」 ] Environmental Permit issued – Permit No.: EP-135/2002 issued on 已簽發的環境許可證 — 許可證編號：EP-135/2002於2002年5月13日簽發。 Aplication for Variation of an Environmental Permit No. VEP-091/2003. [Hereafter
referred to as “the Application VEP-091/2003”] 申請更改環境許可證編號VEP-091/2003。[下稱“申請書編號VEP-091/2003”] Environmental Permit issued – Permit No.: EP-135/2002/A issued on 已簽發的環境許可證 — 許可證編號：EP-135/2002/A於2003年4月30日簽發。 Application for Variation of an Environmental Permit No. VEP-169/2005.
[Hereafter referred to as “the Application VEP-169/2005”] 申請更改環境許可證編號VEP-169/2005。[下稱“申請書編號VEP-169/2005”] Environmental Permit issued – Permit No: EP-135/2002/B issued on 已簽發的環境許可證 — 許可證編號：EP-135/2002/B於2005年4月7日簽發。 Aplication for Variation of an Environmental Permit No. VEP-177/2005. [Hereafter
referred to as “the Application VEP-177/2005”] 申請更改環境許可證編號VEP-177/2005。[下稱“申請書編號VEP-177/2005”] Environmental Permit issued – Permit No: EP-135/2002/C issued on 已簽發的環境許可證 — 許可證編號：EP-135/2002/C於2005年6月9日簽發。 Application for Variation of an Environmental Permit No. VEP-190/2005.
[Hereafter referred to as “the Application VEP-190/2005”] 申請更改環境許可證編號VEP-190/2005。[下稱“申請書編號VEP-190/2005”] Environmental Permit issued – Permit No: EP-135/2002/D issued on 已簽發的環境許可證 — 許可證編號：EP-135/2002/D於2005年9月2日簽發。 Application for Variation of an Environmental Permit No. VEP-235/2007.
[Hereafter referred to as “the Application VEP-235/2007”] 申請更改環境許可證編號VEP-235/2007。[下稱“申請書編號VEP-235/2007”] |
|
Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP
– 091/2003 |
2003年4月4日 |
-
Vary Condition 3.1 and Table 1 in Part C of the
Environmental Permit EP-135/2002 -
Add Tables 2 and 3 in Part C of the Environmental
Permit EP-135/2002 -
Vary Figures 4 and 5 of the Environmental
Permit EP-135/2002 and add Figures 6 and 7 to the Environmental
Permit EP-135/2002. -
更改環境許可證編號 EP-135/2002的C部條件第3.1項條件及表1 -
在環境許可證編號EP-135/2002的C部加入表2及表3 -
更改環境許可證編號 EP-135/2002的圖4及圖5及在環境許可證編號EP-135/2002 加入圖6及圖7 |
2003年4月30日 |
|
VEP
– 169/2005 |
2005年3月18日 |
-
Add Condition 3.5 and Table 4 in Part C of the
Environmental Permit EP-135/2002/A -
Add Figures 8to 13 to the Environmental
Permit EP-135/2002/A -
在環境許可證編號EP-135/2002/A 的C部加入第3.5項條件及表4 -
在環境許可證編號 EP-135/2002/A加入圖8 至圖13 |
2005年4月7日 |
|
VEP
– 177/2005 |
13
May 2005 2005年5月13日 |
-
Vary condition 3.1 and Table 1 in Part C of the
Environmental Permit EP-135/2002/B -
Delete Table 3 of the Environmental Permit EP-135/2002/B
and renumber Table 4 to Table 3. -
Vary Figure 7 of the Environmental Permit
EP-135/2002/B -
在環境許可證編號 EP-135/2002/B 的C部條件第3.1項條件及表1 -
在環境許可證編號EP-135/2002/B 的C部刪除表3及並把表4重新編號為表3. -
更改環境許可證編號 EP-135/2002的圖7. |
2005年6月9日 |
|
VEP
– 190/2005 |
2005年8月3日 |
-
Vary condition 3.1 and Table 1 in Part C of the
Environmental Permit EP-135/2002/C -
Vary Figure 5 of the Environmental Permit
EP-135/2002/C -
在環境許可證編號 EP-135/2002/C 的C部條件第3.1項條件及表1 -
更改環境許可證編號 EP-135/2002/C的圖5. |
2005年9月2日 |
|
VEP
– 235/2007 |
2
May 2007 2007年5月2日 |
-
Vary condition 3.1 and Table 1 in Part C of the
Environmental Permit EP-135/2002/D -
Vary Figures 2 and 3 of the Environmental
Permit EP-135/2002/D -
在環境許可證編號 EP-135/2002/D 的C部條件第3.1項條件及表1 -
更改環境許可證編號 EP-135/2002/D的圖2及圖3. |
30
May 2007 2007年5月30日 |
30 May 2007
2007年5月 30日
|
Date 日期 |
|
(Maurice K.L. YEUNG) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
PART B (DESCRIPTION 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 |
Sha Tin New Town, Stage II - Road T3 and associated roadworks [This
designated project is hereinafter referred to as “the Project”] 沙田新市鎮第二階段工程–T3號主幹道路及相關工程[本指定工程項目下稱「工程項目」]
|
|
Nature of Designated Project |
Construction and operation of a trunk road. 建造及營辦一條主幹路。 |
|
Location
of Designated Project 指定工程項目的地點 |
The Project is located west of 本工程項目位於沙田中部的蔚景園以西及沙田嶺以東，沿大埔公路 (大圍及沙田段)現有的運輸走廊及城門隧道公路，貫穿沙田南北。工程項目的地點載於本環境許可證圖1a及圖1b。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Construction
& operation of about 2kms of elevated roadworks, underpass, slip roads
and associated works at Tai Wai. The scope of the Project include the
following works : (i)
construction
of elevated roads between Lion Rock Tunnel Road and Tai Po Road at Sha Tin
Heights including slip road connections to Tai Wai; (ii)
construction
of vehicular underpass for proposed Road T3 at (iii)
reconstruction
and realignment of (iv)
construction
of a traffic gyratory system at the (v)
reconstruction
of (vi)
reconstruction
of (vii)
construction
of a two lane elevated road between (viii)
road
improvement works for sections of 在大圍建造及營辦約2公里高架道路工程、下通道、支路及相關工程。工程項目範圍包括下述工程： (i)
在介乎獅子山隧道公路與位於沙田嶺的一段大埔公路之間建造高架道路，包括連接大圍的支路； (ii)
為擬在沙田嶺築建的T3路建造行車隧道； (iii)
重建介乎美田路與獅子山隧道公路之間的一段大埔公路 (大圍段)，並更改該段的路線； (iv)
在美田路 / 香粉寮街路口設置單程迴旋交通系統，包括建造一條跨越城門河道的雙線天橋； (v)
重建位於銅鑼灣的一段松嶺路； (vi)
重建積運街； (vii)
在介乎大埔公路與下城門道之間建造一條雙線高架道路；以及 (viii)
為大埔公路 (沙田嶺段) 部分路段進行道路改善工程。
|
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), Dumping at
Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a)
constitute any ground of defense against any proceedings instituted under any
legislation or (b) 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 authorized 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/or operation of the Project(s) 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 as described 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 recommendations described in
the EIA Report (Register No.
EIA-143/BC); the Environmental Review and other relevant documents in the
Register; the information and mitigation measures described in this Permit, and
mitigation measures to be recommended in submissions that shall be deposited
with or approved by 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 approved by the Director, all submissions deposited without
comments by the Director, or 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. 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 the
Permit.
1.10 The
Permit Holder shall release all finalized 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 other 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 no later than one month prior to 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 finalized 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
for the Construction of the Project
2.1 An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month 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 team and the ET Leader shall be
responsible for the duties defined in the updated Environmental Monitoring and
Audit (EM&A) Manual submitted and approved under Condition 2.3 of this
Permit. The ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the EM&A requirements as contained in the updated EM&A Manual. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the environmental impact assessment and each
and every non-compliance with the information and recommendations described in
the EIA Report (Register No. EIA-143/BC) and the Environmental Review, or this
Permit. This log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report and the Environmental
Review, 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
updated 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. The ET shall not be any way an
associated body of the Independent Environmental Checker (IEC) for the Project.
2.2 An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of construction of the
Project. The IEC shall be a person
who has at least 7 years’ experience in environmental monitoring and audit
(EM&A) or environmental management.
The IEC shall be responsible for duties defined in the updated EM&A
Manual submitted and approved under Condition 2.3 of this Permit, and shall
audit the overall EM&A programme described in the updated EM&A Manual,
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 each and
every occurrence, change of circumstances or non-compliance with the
recommendations and information contained in the EIA report (Register No.
EIA-143/BC) and the Environmental Review, 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 updated 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. The IEC shall not be in any way an associated body of the Contractor
or the ET for the Project.
2.3 The
Permit Holder shall update the Environmental Monitoring and Audit (EM&A)
Manual to include the latest EM&A requirements in accordance with the
information and recommendations described in the Environmental Review. The
Permit Holder shall submit 3 copies of the updated EM&A Manual to the
Director for approval no later than one month before the commencement of
construction of the Project. Before
submission to the Director, the updated EM&A Manual shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations described in the EIA Report, and the Environmental Review. All measures recommended in the updated
EM&A Manual approved under this Condition shall be fully and properly
implemented in accordance with the requirements and time schedule(s) set out in
the updated EM&A Manual. The
EM&A Manual approved under this Condition shall hereinafter be referred to
as the “updated EM&A Manual”.
2.4 The
Permit Holder shall, within one month before the commencement of construction
of the Project, deposit with the Director 3 sets of construction noise
mitigation proposal to mitigate the construction noise impact arising from the
Project. The proposal shall
indicate the exact locations and details of the temporary noise barriers and
the arrangement of the number and type of equipment, procedure and sequence of
construction in accordance with the recommendations specified in sections
2.3.17 - 2.3.25 of the Environmental Review. The submission shall be verified by the
ET leader and approved by the IEC as conforming to the information and
recommendations contained in the EIA Report, and the Environmental Review.
2.5 The
Permit Holder shall, within one month after the commencement of construction of
relevant part of the Project, inform the Director in writing of 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.
2.6 The
Permit Holder shall, within one month after the commencement of construction of
the Project, deposit with the Director 3 sets of landscape proposal to mitigate
the potential landscape and visual impacts arising from the construction and
operation of the Project. The
landscape proposal shall include an explanatory statement, design drawings and
layout plans at a scale 1 to 1000 or other scale as agreed by the Director. The
submission shall include an implementation programme with clear identification
of the responsibility for funding, implementation, management and maintenance
of the landscape and visual mitigation measures as recommended in the EIA
Report, and the Environmental Review.
The submission shall be certified by the ET leader and verified by the
IEC as conforming to the information and recommendations contained in the EIA
report, and the Environmental Review. The Permit Holder shall make available
additional copies to the Director upon his request.
3. Measures
for Construction and Operation of the Project
3.1 To
mitigate the traffic noise impact arising from the Project, the noise barriers
and enclosures shall be constructed in accordance with the details as shown in Tables
1 to 3 and Figures 2
3.2 To
protect the water quality of the Upper Shing Mun River Channel, the
construction works spanning the Upper Shing Mun River Channel shall be carried
out in the dry season (from November to March).
3.3 To
mitigate the construction noise impact arising from the Project, all measures
recommended in the construction noise mitigation proposal deposited under
Condition 2.4 shall be fully implemented.
3.4 All
measures recommended in the landscape proposal deposited under Condition 2.6 of
this Permit shall be fully implemented and maintained.
3.5 Absorptive
panels shall be provided to all noise barriers to a height of 2.5m above the
road level, except for the locations and extent of barriers as specified in Table
4 and Figures 8 to 13 where the absorptive panels are replaced by
transparent reflective panels.
4. Environmental
Monitoring and Audit requirements during Construction of the Project
4.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements in the updated EM&A Manual approved under Condition 2.3 of
this Permit. Any changes to the EM&A programme shall be justified by the ET
leader and verified by the IEC as conforming to the requirements as set out in
the updated EM&A Manual and shall be submitted to the Director for approval.
4.2 The
Permit Holder shall take samples and measurements in accordance with the
requirements of the updated EM&A Manual by:
a) conducting
baseline environmental monitoring on water quality, noise and air quality as
set out in the updated EM&A Manual; and
b) conducting
impact monitoring on water quality, noise and air quality as set out in the
updated EM&A Manual.
4.3 The
remedial actions described in the Event/Action Plans of the updated EM&A
Manual shall be fully and properly carried out in accordance with the time
frames set out in the Event/Action Plans, or as agreed by the Director.
4.4 Records
of measurements and actions taken under conditions 4.2 and 4.3 respectively of
this Permit shall be logged and kept, within 3 working days of the collection
of data or completion of action, for the purpose of preparing and submitting
the EM&A reports and making the information available for inspection on
site.
4.5 Two
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before commencement of construction
of the Project. The submission shall be verified by the IEC. Additional copies
of the submission shall be made available to the Director upon his request.
4.6 Two
hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within 2 weeks after the end of the reporting month.
The EM&A Reports shall include a summary of all noncompliance (exceedances)
of the environmental quality performance limits (Action and Limit Levels). The
submissions shall be verified by the IEC. Additional copies of the submission
shall be provided to the Director upon request by the Director.
4.7 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
5. Environmental
Monitoring and Audit Requirements during Operation of the Project
5.1 The
Permit Holder shall, at least six months before the operation of the Project,
deposit with the Director a monitoring plan for the purpose of verification of
traffic noise assessment, by comparing the project noise impact predictions
with the actual impacts. The
monitoring plan shall contain monitoring locations, monitoring schedules,
methodology of noise monitoring including noise measurement procedures, traffic
counts and speed checks, and methodology of comparison with the predicted
levels. Monitoring shall be
conducted in accordance with the deposited monitoring plan unless with prior
justification. Monitoring details
and results, including the comparison between the measured noise levels and the
predicted levels, shall be recorded in a report. The report shall be certified by the
Permit Holder before it is deposited with the Director, within one month after
the completion of the monitoring.
5.2 The
Permit Holder shall deposit with the Director 3 copies of an audit report,
certified by the ET Leader and verified by the IEC, demonstrating the
satisfactory completion of the measures recommended in the landscape proposal
as described in conditions 2.6 and 3.4 of this Permit. The audit report shall
be deposited within 3 weeks after completion of the mitigation measures.
6. Electronic
Reporting of EM&A Information
6.1 To
facilitate public inspection of the Baseline Monitoring Report, monthly
EM&A Reports, and the reports described in Conditions 5.1 and 5.2 of this
Permit via the EIA Ordinance Internet Website and at the EIA Ordinance 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
4.5, 4.6, 5.1 and 5.2 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 The
Permit Holder shall, set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed, within six weeks after the commencement of construction
of the Project. All environmental
monitoring data described in Condition 6.1 above shall be made available to the
public via a dedicated web site to be set up by the Permit Holder 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.
6.3 The
internet website as described in Condition 6.2 above shall enable user-friendly
public access to the monitoring and project data including the EIA report and
the environmental permit(s) and the project profile of the Project. The internet website shall have features
capable of :
(a) providing
access to all environmental monitoring data collected since the commencement of
works;
(b) searching
by date;
(c) searching
by types of monitoring data (water quality, noise and air quality); and
(d) hyperlinks
to relevant monitoring data after searching;
or otherwise
as agreed by the Director.
Notes :
1. This
Environmental 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 condition of this Permit, the Director or his
authorized officer may, with the consent of the Secretary, 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 of his
authorized officer.
3. The
Permit Holder may apply under Section 13 of the Environmental Impact Assessment
Ordinance (the “Ordinance”) to the Director for a variation of the conditions
of this Environmental 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 Project
may, before he assumes responsibility of the 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 and Food, suspend, vary or cancel this Permit. The
suspended, varied or cancelled Permit shall be removed from the 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 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.
Environmental Permit No. EP-135/2002/E
Table 1 – Schedule of Recommended Noise Mitigation Measures to be
implemented before commencement of operation of the Project (to be read in
conjunction with Figures 2,3,4,5 and 7
attached to this Permit)
(Extracted from Table 8-1 of the Environmental Review attached to the
Environmental Permit Application No. : AEP-135/2002)
|
Mitigation Measures |
Location |
|
Low noise road surfacing (LNRS) |
On Trunk Road T3 (see Figure 2) |
|
A 5.8m high with 3m cantilever of approx. 55m long (see segment no. 1 in
Figure 3), A 5.8m high with 5m cantilever of approx. 90m long (see segment no. 2 in
Figure 3), A 5.8m high with 3m cantilever of approx. 95m long (see segment no. 3 in
Figure 3), A 3m high vertical barrier of approx. 130m long (see segment no. 4 in Figure
3), and |
near |
|
A 5.8m high with 1.5m cantilever of approx. 190m long (see segment no. 9
in Figure 3), and |
near Sha Tin Clinic, |
|
A 5m high vertical barrier of approx. 120m long (see segment no. 10 in Figure
3), A 4m high vertical barrier of approx. 150m long (see segment no. 11 in Figure
3), A 5m high vertical barrier of approx. 275m long (see segment no. 12 in Figure
3), A 6m high vertical barrier of approx. 105m long (see segment no. 15 in Figure
3), and A 5m high vertical barrier of approx. 215m long (see segment no. 16 in Figure
3). |
near |
|
A 3m high vertical barrier of approx. 330m long (see segment no. 17 in Figure
3), A partial enclosure of approx. 235m long (see segment no. 18 in Figure
4), A 5.8m high with 5m cantilever of approx. 150m long (see segment no. 19
in Figure 4), A 5.8m high vertical barrier of approx. 15m long (see segment no. 20 in Figure
4), A 5.8m high with 5m cantilever of approx. 85m long (see segment no. 21
in Figure 4), A 3m high vertical barrier of approx. 120m long (see segment no. 22 in Figure
4), A 5.5m high vertical barrier of approx. 85m long (see segment no. 23 in Figure
4), A 5.8m high with 1.5m cantilever of approx. 215m long (see segment no.
24 in Figure 4), A full enclosure of approx. 130m long (see segment no. 25 in Figure 4), A partial enclosure of approx. 190m long (see segment no. 26 in Figure
4), A 5m high vertical barrier of approx. 75m long (see segment no. 27 in Figure
4), and A 5.8m high with 5m cantilever of approx. 145m long (see segment no. 28
in Figure 4). |
near |
|
A 4m high vertical barrier of approx. 75m long (see segment no. 29 in Figure
4), A 2m high vertical barrier of approx. 40m long (see segment no. 49 in Figure
4), A 2m high vertical barrier of approx. 50m long (see segment no. 50 in Figure
4), and A 4.5m high vertical barrier of approx. 50m long (see segment no. 54 in Figure
4). |
near |
|
A 5m high vertical barrier of approx. 35m long (see segment no. 30 in Figure
4), and A 5.8m high with 1.5m cantilever of approx. 350m long (see segment no.
31 in Figure 4). |
near |
|
A 5.8m high with 3m cantilever of approx. 350m long (see segment no. 32
in Figure 4), A partial enclosure of approx. 295m long (see segment no. 33 in Figures
4 and 5), A partial enclosure of approx. 125m long (see segment no. 34 in Figures
4 and 5), A 5.8m high with 1.5m cantilever of approx. 120m long (see segment no.
35 in Figures 4 and 5), A 5.5m high vertical barrier of approx. 75m long (see segment no. 36 in Figure
5), and A 5.8m high with 5m cantilever of approx. 115m long (see segment no. 37
in Figure 5). |
near |
|
A partial enclosure of approx. 50m long (see segment no. 38 in Figure
5), A 5.8m high with 5m cantilever of approx. 170m long (see segment no. 39
in Figure 5), A 4m high vertical barrier of approx. 137m long (see segment no. 40 in Figure
5 & Figure 7), A 3m high vertical barrier of approx. 50m long (see segment no. 41 in Figure
5), A 4m high vertical barrier of approx. 80m long (see segment no. 42 in Figure
5), A 5.8m high with 1.5m cantilever of approx. 70m long (see segment no. 52
in Figure 5), and A 5m high vertical barrier of approx. 35m long (see segment no. 53 in Figure
5). |
near |
|
A 5m high vertical barrier of approx. 120m long (see segment no. 43 in Figure
5), A 6m high vertical barrier of approx. 120m long (see segment no. 44 in Figure
5). |
near planned development at Vista
Do Vale, Area 37 and Area 38 |
|
A 5m high vertical barrier of approx. 55m long (see segment no. 48 in Figure
4). |
near planned development at Mui
Lee |
Table 2 – Schedule of Recommended Noise Mitigation Measures to be
implemented before commencement of occupation of planned development at Mui Lee
(to be read in conjunction with Figure 6 attached to this Permit)
|
Mitigation Measures |
Location |
|
A partial enclosure of approx. 40m long (see segment no. 47 in Figure
6) |
near planned development at Mui
Lee |
Table 3 – Locations and extent of noise barriers where absorptive panels
as originally provided to a height of 2.5m above the road level are replaced by
transparent reflective panels (to be read in conjunction with Figures 8,9,10,11,12
and 13 attached to this Permit)
(Extracted from the Application VEP-169/2005)
|
Segment no. in this Permit |
Chainage |
Length (m) |
Height, h(m) |
Relevant Figures |
|
21 |
From CH 0 to CH +87 |
87 |
1.7h for 87m long |
see Figures 8 and 9 for details |
|
20 |
From CH+79.237 to CH +96.237 |
17 |
2.5h for 17m long |
see Figures 8 and 9 for details |
|
48 |
From CH+246.31 to CH +250.31 |
4 |
2.5h for 4m long |
see Figures 10 and 11 for details |
|
31 |
From CH+496.4 to CH +515.3 and From CH+517.3 to CH +528.3 |
30 |
2.5h for 19m long 1.7h for 11m long |
see Figures 12 and 13 for details |
| Figure 1a | Figure 1b | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9 | Figure 10 | Figure 11 | Figure 12 | Figure 13 |