Environmental Permit No. EP-237/2005/B
環境許可證編號EP-237/2005/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第
10 及
13 條
ENVIRONMENTAL
PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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) granted the
Environmental Permit EP-237/2005 to the DRAINAGE
SERVICES DEPARTMENT (hereinafter referred to as the “Permit Holder”)
on 25 January 2006. Pursuant to Section 13 of the Ordinance, the Director
amends the Environmental Permit (No. EP-237/2005/A) based on the Application
No. VEP-283/2009. The amendments, described below, are incorporated into this
Environmental Permit (No. EP-237/2005/B). This Environmental Permit as amended
is for the construction of the designated project described in Part B subject
to the conditions specified and attached to Part C of this Permit.
根據環境影響評估條例(「條例」)第 10 條的規定，環境保護署署長(「署長」)於2006年1月25日將環境許可證編號 EP-237/2005 批予渠務署(下稱「許可證持有人」)。 根據條例第 13 條的規定，署長因應申請書編號 VEP-283/2009 修訂環境許可證編號 EP-237/2005/A。下文說明的修訂，已包含在本環境許可證內
(EP-237/2005/B)。本經修訂的環境許可證，適用於建造本許可證 B 部所說明的指定工程項目， 但須遵守本許可證 C 部所列明及附載的條件。
The issue of this Environmental Permit is based on the documents, approval and permissions described below :
本環境許可證乃依據下列的文件、批准及許可條件而簽發 :
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Application No. 申請書編號 |
VEP-283/2009 |
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Document in the Register : 登記冊上的文件: |
1.
Drainage
Improvement in Southern Lantau -
Final Environmental Impact Assessment Report -
Environmental Impact Assessment Report - Executive
Summary -
Final Environmental Monitoring and Audit Manual Hereinafter
referred to as the “EIA Report” (Register No. : AEIAR-093/2005) 南大嶼山雨水排放系統改善計劃 -
最終環境影響評估報告 -
環境影響評估報告
- 行政摘要 -
最終環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-093/2005） 2.
The
Director’s letter of approval of the EIA Report dated 5 December 2005
referenced EP2/N9/I/97 環境保護署署長於二○○五年十二月五日發出批准環評報告的信件檔案編號EP2/N9/I/97 |
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Document in the Register : 登記冊上的文件: |
3.
The
Director’s letter of approval of the EIA Report dated 5 December 2005
referenced EP2/N9/I/97 環境保護署署長於二○○五年十二月五日發出批准環評報告的信件檔案編號EP2/N9/I/97 4.
Application
for Environmental Permit received on 28 December 2005 (Application No.:
AEP-237/2005) 許可證持有人於二○○五年十二月二十八日提交的許可証申請文件（申請書編號：AEP-237/2005） 5.
Environmental
Permit issued on 25 January 2006 (Permit No. EP-237/2005) 於二○○六年一月二十五日發出的環境許可證 (許可證編號
EP-237/2005) 6.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 5 February 2007 (Application No. VEP-230/2007) 許可證持有人於二○○七年二月五日提交的更改環境許可證申請文件(申請書編號
VEP-230/2007) 7.
Environmental
Permit issued on 5 March 2007 (Permit No. EP-237/2005/A) 於二○○七年三月五日發出的環境許可證 (許可證編號
EP-237/2005/A) 8.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 1 April 2009 (Application No. VEP-283/2009) 許可證持有人於二○○九年四月一日提交的更改環境許可證申請文件(申請書編號 VEP-283/2009) |
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Application No. 申請編號 |
Date of Application 申請日期 |
List of Amendments
Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
Date of Amendments 修訂日期 |
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VEP- 230/2007 |
5 February 2007 2007年2月5日 |
(1)
Vary Scale and Scope of Designated Project in
Part B (2)
Vary Conditions 1.7, 3.3, 3.9 and 3.10 in Part
C (3)
Vary Figures 1 and 3 (1)
更改 B 部的指定工程項目的規模和範圍 (2)
更改 C 部條件第 1.7、3.3、3.9及3.10 項 (3)
更改附圖 1及 3 |
5 March 2007 2007年3月5日 |
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VEP- 283/2009 |
1 April 2009 2009年4月1日 |
(1)
Vary Conditions 1.7, 3.7, 3.9 and 3.10 in Part
C (1)
更改 C 部條件第 1.7、3.7、3.9及3.10 項 |
23 April 2009 2009年4月23日 |
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23 April 2009 |
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Date 日期 |
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(Terence S. W. TSANG) Acting Principal Environmental Protection
Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 曾世榮代行) |
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:
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Title of Designated Project 指定工程項目的名稱 |
Drainage
Improvement in Southern Lantau (This
designated project is hereafter referred to as “the Project”) 南大嶼山雨水排放系統改善計劃 (本指定工程項目下稱“工程項目”) |
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Nature of Designated Project 指定工程項目的性質 |
To carry
out drainage improvement works involving dredging and excavation works at Pak
Ngan Heung River, Tai Tei Tong River and Luk Tei Tong River, which are
located less than 500m from the Silvermine Beach. 在離銀礦灣泳灘不足500米的白銀鄉河、大地塘河和鹿地塘河進行雨水排放系統改善工程，其項目包括疏浚和挖掘工程。 |
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Location of Designated Project 指定工程項目的地點 |
Pak Ngan
Heung River, Tai Tei Tong River, Luk Tei Tong River and Ling Tsui Tau in Mui
Wo area, Southern Lantau Island. 位處南大嶼山梅窩的白銀鄉河、大地塘河、鹿地塘河和嶺咀頭。 The
location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內 |
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Scale
and Scope of Designated Project |
The Project
mainly consists of the followings : 工程項目主要範圍包括以下： (A)
Pak Ngan Heung River 白銀鄉河 i.
an open trapezoidal channel of about 80m long
and with riverbed of about 8m wide, using gabion walls with rip-rap bases and
natural substrates; 以石籠護土牆、拋石和天然物質修建、長約80米、底寛約8米的梯形渠道； ii.
a rectangular channel of about 100m long,
using rip-rap bedding; and 以拋石為墊層、長約100米的矩形渠道；以及 iii.
a 3-cell diversion box culvert of about 180m
long. 長約180米的3孔分流箱形暗渠。 (B)
Tai Tei Tong River 大地塘河 i.
improvement of three bottlenecks, with
existing riverbed untouched and the riverbank reinstated by gabion blocks. 改善3個樽頸位置，以石籠修復河堤，而現有河床則不受工程影響。 (C)
Luk Tei Tong River 鹿地塘河 i.
an open trapezoidal channel of about 240m long
and with riverbed of about 10m to 15m wide, using gabion walls with rip-rap
bases and natural substrates; and 以石籠護土牆、拋石和天然物質修建、長約240米、底寛約10至15米的梯形渠道；以及 ii.
a rectangular bypass channel of about 350m
long, about 18m wide and about 0.8m deep. 長約350米、寬約18米、深約0.8米的矩形繞道。 (D)
Ling Tsui Tau U-Channel 嶺咀頭U形排水道 i.
A 750mm wide U-channel of about 250m long; and 長約250米、寬750毫米的U形排水道；以及 ii.
Upgrading of existing drains of about 130m
long. 提升長約130米的現有排水渠。 |
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 defense 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 and 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 of the Project and shall mean the same hereafter.
1.5
The Permit
Holder shall display conspicuously a copy of this Permit on the Project site(s)
at all vehicular site entrances/exits or at a convenient location for public’s
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 Project site(s).
1.6
The Permit
Holder shall construct the Project in accordance with the project description
in Part B of this
Permit.
1.7
The Permit
Holder shall ensure that the Project is designed and constructed in accordance
with the information and recommendations described in the approved EIA Report
(Register No. AEIAR-093/2005), the Application for Environmental Permit
(Application No. AEP-237/2005), the application documents for variation of an
environmental permit (Application No. VEP-230/2007 and VEP-283/2009) and other
relevant documents in the Register, the information and mitigation measures
described in this Permit, 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
deposited 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
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. Any non-compliance with the submissions may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499). 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 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
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
hard copies.
1.12
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.
1.13
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 Certain Parts of the Project
Employment of Environmental Monitoring
and Audit (EM&A) Personnel
2.1
An ET shall be established by the Permit
Holder no later than one month before commencement of construction of the
Project. The ET shall not be in any way an associated body of the Contractor or
the IEC for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has
at least 7 years of experience in environmental monitoring and auditing
(EM&A) or environmental management. The ET and the ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the requirements as contained in the EM&A Manual (Register No.
AEIAR-093/2005) of the Project. 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 recommendations of the approved EIA Report (Register
No. AEIAR-093/2005) 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 circumstances. The ET Leader’s log-book shall be kept readily
available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the approved EIA Report (Register No.
AEIAR-093/2005) or 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 by the Permit Holder no
later than one month before commencement of construction of the Project. The
IEC shall not be in any way an associated body of the Contractor or the ET for
the Project. The IEC shall be a person who has at least 7 years of experience
in EM&A or environmental management. The IEC shall be responsible for
duties defined in the EM&A Manual (Register No.
AEIAR-093/2005) of the Project and shall audit the overall EM&A
programme, including the implementation of all environmental mitigation
measures, submissions required in the EM&A Manual, 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 one working day of receipt of notification
from the ET Leader of each and every occurrence, change of circumstances or
non-compliance with the approved EIA Report (Register No. AEIAR-093/2005) or
this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project.
In the case 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
A qualified ecologist
shall be engaged to carry out the works relating to surveys, faunal
translocation and compensatory planting as mentioned in Conditions 2.5 and 3.4
of this Permit. The qualification and experience of the qualified ecologist
shall be certified by the ET Leader and verified by the IEC. The qualified
ecologist shall form part of the ET.
Design of
Drainage Improvement Works
2.4
The Project shall be properly designed and constructed
to minimize the ecological, water quality, visual and landscape impacts.
Environmentally friendly design features shall be incorporated into the design
and shall be fully implemented. No riverbed of the Project shall be lined with
concrete. Pits and levels shall be provided in the gabion bank to facilitate
planting, establishment of riparian vegetation and recolonisation of plants. Ecological
enhancement features such as lining of riverbeds with rip-rap bases and natural
materials and variation of depth to re-create the pool-riffle sequence shall be
designed and implemented. The Permit Holder shall, no later than one month
before the commencement of construction of the Project, deposit with the
Director four hard copies and one electronic copy of design proposal of the Pak
Ngan Heung River, Tai Tei Tong River and Luk Tei Tong River showing detailed
design and environmentally friendly features to be incorporated in the Project.
Before submission to the Director, the proposal shall be certified by the ET
Leader and verified by the IEC as conforming to the information and
recommendations contained in the approved EIA Report (Register No.
AEIAR-093/2005).
Capture Survey
and Translocation
2.5
To avoid or mitigate the impact to fauna species of
conservation interest due to construction of the Project, faunal surveys shall
be carried out. The ecologist as mentioned in Condition 2.3 of this Permit
shall carry out detailed capture-surveys to ascertain the presence of any fauna
species, including the fish species of conservation interest such as Flagtail (Kuhlia
marginata) and Predaceous Chub (Parazacco spilurus) and amphibian
species of conservation interest such as Romer’s Tree Frog and Chinese
Bullfrog, in the works area of the Project. Fauna species of conservation
interest captured during the survey shall be translocated to nearby suitable
habitats outside the works areas of the Project prior to the commencement of
construction of the Project. The Permit Holder shall, no later than one month
before the commencement of construction of the Project, deposit with the
Director four hard copies and one electronic copy of faunal survey and translocation
proposal showing methodology and programme of surveys, faunal surveys results,
types of fauna to be translocated, locations of the sites for translocation,
methodology and implementation programme of translocation and
post-translocation monitoring. Before submission to the Director, the proposal
shall be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA Report (Register
No. AEIAR-093/2005).
3.
Submissions
or Measures during the Construction of Certain Parts of the Project
Management Organisation of Main Construction Companies
3.1
The
Permit Holder shall, within one month after 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.
Measures to Mitigate Ecological Impacts
3.2
No construction works or activities associated with
the Project shall be carried out outside the works areas as shown in Figure 1
of this Permit.
3.3
To avoid or minimize ecological and water quality
impacts due to the construction works, no excavation works shall be carried out
at the confluence of Pak Ngan Heung River, Tai Tei Tong River and Luk Tei Tong
River any time between April to October unless otherwise agreed by the Director.
No works except land-based construction works within the confluence of Pak Ngan
Heung River, Tai Tei Tong River and Luk Tei Tong River shall be carried out any
time between April to October unless otherwise agreed by the Director. No works
within Luk Tei Tong Marsh shall be carried out any time between April to
October unless otherwise agreed by the Director.
3.4
To mitigate the loss of woodland due to the construction
works of the Project, compensatory planting shall be implemented. The
compensatory planting shall include planting of trees and other vegetation
along the riverbanks. Native plant species shall be used. The planting area
shall not be less than 0.13 hectare and shall be deposited and implemented as required
under Condition 3.17 of this Permit. The compensatory planting shall be carried
out in accordance with the recommendations and under the supervision by the
qualified ecologist as mentioned in Condition 2.3 of this Permit.
3.5
All temporary works area shall be reinstated upon
completion of works.
Pak Ngan Heung River
3.6
A fish ladder shall be constructed at the upstream
end of the Pak Ngan Heung River to facilitate the movement of fish between
upstream and downstream sections of the river. The Permit Holder shall, at
least one month before commencement of construction of the fish ladder, deposit
with the Director four hard copies and one electronic copy of the detailed
design of the fish ladder. Before submission to the Director, the proposal
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the approved EIA Report
(Register No. AEIAR-093/2005).
Luk Tei Tong River
3.7
Construction of the Luk Tei Tong Bypass Channel
shall be completed in not more than two consecutive dry seasons. Mitigation
measures described in the application document for variation of an
environmental permit (Application No. VEP-283/2009) shall be properly implemented
to prevent pollution to the nearby rivers due to site runoff and other discharges
from the Luk Tei Tong Bypass Channel. No construction works of the Luk Tei Tong
Bypass Channel shall be carried out any time between April to October unless
otherwise agreed by the Director.
3.8
The Bypass Channel bed shall be approximately 800mm
below the existing ground level and shall be lined with turf from areas of Luk
Tei Tong marsh that fall within the footprint of the Channel. Riverbanks of the
Luk Tei Tong Bypass Channel shall be lined with rock-filled gabion. Low earth
bunds of about 200mm high shall be constructed along the riverbanks of the Luk
Tei Tong Bypass Channel to prevent draining of surface water from the
surrounding Luk Tei Tong marsh. Low weir shall be constructed at the downstream
of the Luk Tei Tong Bypass Channel to retain surface water.
3.9
Turf removal from the Luk Tei Tong marsh due to the
construction of the Luk Tei Tong Bypass Channel shall be minimized. Turf from
the Luk Tei Tong marsh shall be properly removed, stored, maintained and reused
for lining the riverbed of the Luk Tei Tong Bypass Channel in accordance with
the information and recommendations described in the application document for
variation of an environmental permit (Application No. VEP-230/2007). New
marshland plant species same to those recorded in the Luk Tei Tong marsh shall
be added to increase the abundance. Planting of marshland plant species within
the Luk Tei Tong Bypass Channel shall be carried out in the wet season in
accordance with the information and recommendations described in the
application document for variation of an environmental permit (Application No.
VEP-283/2009).
3.10
The Permit Holder shall, at least one month before the
commencement of construction of the Luk Tei Tong Bypass Channel, deposit with the
Director four hard copies and one electronic copy of the Luk Tei Tong Bypass
Channel proposal showing the design, planting proposal and construction details
of the Luk Tei Tong Bypass Channel as mentioned in Conditions 3.7, 3.8 and 3.9
of this Permit. Before submission to the Director, the proposal shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA Report (Register
No. AEIAR-093/2005) and the application documents for variation of an
environmental permit (Application No. VEP-230/2007 and VEP-283/2009).
3.11
No footpath shall be constructed along the Luk Tei
Tong Bypass Channel.
Measures to
Mitigate Water Quality Impact
3.12
To minimise water quality impacts to the rivers and
the Silvermine Beach due to site runoff and other potential water pollution
caused by construction activities, all mitigation measures described in
Appendix A shall be implemented throughout the construction period.
3.13
Construction works in the rivers shall be carried
out in dry condition as indicated in Figure 2 of this Permit. Containment
measures such as bunds and barriers shall be provided to restrict the carrying
out of the construction works within the enclosed dry area of the rivers.
Measures to Manage Waste
3.14
No waste, spoil, excavated materials or materials
alike arising from the Project shall be dumped in any environmentally sensitive
areas including the Luk Tei Tong marsh, the Butterfly Hill and the Silvermine Beach.
3.15
Excavated materials or materials alike arising from
the Project shall be reused in the Project site. No such surplus material shall
be disposed of anywhere except the public fill stockpiling area at Mui Wo.
Measures to
Mitigate Construction Noise
3.16
2.4m high temporary noise
barriers shall be installed at locations shown in Figure 3 and Figure 4 of this
Permit during the construction of the retaining walls at the riverbanks of
installing the temporary noise barriers.
Measures to Mitigate Landscape and Visual Impact
3.17
Landscaping measures shall be implemented for the
Project. The measures shall include compensatory planting as required under
Condition 3.4 of this Permit, reinstatement, amenity and riverbed plantings,
natural colonization for gabion, grasscrete linings with hydroseeding and
finishing and colour scheme for exposed surfaces. At least one month before
commencement of the landscape works of the Project, the Permit Holder shall
deposit with the Director four hard copies and one electronic copy of the
landscape plan for the Project. The landscape plan shall include the locations,
size, number and species of plantings, design details, implementation
programme, maintenance and management schedules, and drawings in the scale of
1:1000 or other appropriate scale showing the landscape and visual mitigation
measures. Before submission to the Director, the landscape plan shall be
certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations set out in the approved EIA
Report (Register No. AEIAR-093/2005).
4. Environmental
Monitoring and Audit (EM&A) for the Construction of the Project
4.1
The EM&A programme
shall be implemented in accordance with the procedures and requirements as set
out in the EM&A Manual (Register No. AEIAR-093/2005) of the
Project. Any changes to the EM&A programme shall be
justified by the ET Leader and verified by the IEC as conforming to the
requirements set out in the EM&A Manual and shall seek the prior approval
from the Director before their implementation.
4.2
Samples, measurements and necessary remedial actions
shall be taken in accordance with the requirements of the EM&A Manual by:
(a)
conducting baseline environmental monitoring;
(b)
conducting impact monitoring; carrying out remedial
actions described in the Event/Action Plans of the EM&A Manual in
accordance with the time frames set out in the Event/Action Plans, or as agreed
by the Director, in case where specified criteria in the EM&A Manual are
exceeded; and logging and keeping records of details of all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and to
make available for inspection on site; and
(c)
conducting post-construction ecological monitoring
and carrying out actions described in the contingency plan of the EM&A
Manual.
4.3
Four 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 submissions shall be certified by the ET Leader and verified by the IEC
before submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
4.4
Four hard copies and
one electronic copy of the 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 include a summary of all non-compliance (exceedances) of
the environmental quality performance limits (Action and Limit levels), the
status of submission required under this Permit and the types, quantities and
disposal locations of all surplus excavated materials and wastes arising from
the Project. The submissions shall be certified by the ET Leader and verified
by the IEC before submission to the Director. Additional copies of the
submission shall be provided upon request by the Director.
4.5
All environmental monitoring and audit data
submitted under this Permit shall be true, valid
and correct.
4.6
To ensure a high degree of transparency regarding
the monitoring data and results in view of the public concern about the
Project, all environmental monitoring and audit data and results and all
submissions and all performance test data and results required by this Permit
shall be made available by the Permit Holder to the public through a dedicated
web site to be set up by the Permit Holder under Condition 5.2 below, in the
shortest practicable time and in no event later than 2 weeks after such
information is available.
5. Electronic Reporting of EM&A
Information
5.1
To facilitate public inspection of the EM&A
Manual, Baseline Monitoring Report and the monthly EM&A Reports via the
EIAO Internet Website and at the EIAO Register Office, electronic copies of
these Reports shall be prepared in the 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 4.3 and 4.4 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.
5.2
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 the Project. All environmental monitoring results described in
Condition 5.1 above and all submissions and all performance test data and
results required by this Permit shall be made available to the public via this
dedicated web site to be set up by the Permit Holder in the shortest time
practicable 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.
5.3
The internet website as described in Condition 5.2
above shall enable user-friendly public access to the monitoring data and
project data including the EIA report and the environmental permit(s) and
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
work and all submissions under this permit;
(b) searching
by date;
(c) searching
by types of monitoring data; and
(d) hyperlinks
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 Environmental Impact Assessment
Ordinance (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 Project 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, suspend, vary or cancel this Permit. The suspended, varied
or cancelled Permit shall be removed from display at the Project site.
6.
If this Permit is
cancelled or surrendered during construction 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 a designated project listed in Schedule 2 of the Ordinance without a
valid environmental permit.
7.
Any person who
constructs 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-237/2005/B
環境許可證編號EP-237/2005/B
Appendix A (as
referred to in Condition 3.12)
Measures
to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water
Pollution During Construction
(a)
Surface Runoff
(i)
Surface run-off from
the construction site shall be directed into adequately designed sand/silt
removal facilities such as sand traps, silt traps and sediment basins before
discharge into storm drains. Channels, earth bunds or sand bag barriers shall
be provided on site to properly direct stormwater to such silt removal
facilities. No site run-off shall enter the freshwater marshes at Luk Tei Tong.
(ii)
Prior to commencement
of site formation works and earthworks, catchpits and perimeter channels shall
be constructed, and all sewer and drainage connection shall be sealed to
prevent debris, soil, sand etc. from entering public sewers/drains.
(iii)
Silt removal
facilities, channels and manholes shall be maintained with the deposited silt
and grit being removed at least once a week, and at the onset of and after each
rainstorm to ensure that these facilities are functioning at all times.
(b)
General Construction
Activities
(iv)
On-site storage of
construction materials (e.g. aggregates and sand) shall be covered with
tarpaulin or similar fabric during rainstorms. Measures such as providing sand
bag barriers shall be taken to prevent the washing away of construction
materials, soil, silt or debris into any drainage system.
(v)
At all parts of all
works areas and construction sites, and throughout the full duration of the
construction contract(s), debris and rubbish on site shall be properly handled
and disposed of to avoid entering the water column and causing water quality
impacts. Temporary on-site storage of excavated materials shall be covered with
tarpaulin or similar fabric during rainstorms. Any washout of construction or
excavated materials should be diverted to the drainage system via sediment
traps.
(vi)
All excavated or
filled surfaces shall be protected from erosion.
(vii)
Excavation works shall
be carried out by land-based plants. To minimise leakage and loss of sediments
during excavation in narrow channels, tightly sealed closed grab excavators
shall be used to handle wet material.
- end -
Environmental
Permit No. EP-237/2005/B
環境許可證編號 EP-237/2005/B