Environmental Permit No. EP-237/2005/C
環境許可證編號EP-237/2005/C
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 (EIAO), the Director of Environmental Protection (the
Director) granted the environmental permit (No. EP-237/2005)
to the Drainage Services Department (hereinafter referred to as the
"Permit Holder") on 25 January 2005. Pursuant to Section 13 of
the EIAO, the Director amends the Environmental Permit (No. EP-237/2005/B)
based on the application No. VEP-465/2015.
The amendments, described below, are incorporated into this Environmental
Permit (No. EP-237/2005/C). This Environmental Permit
as amended is for the construction of the designated projects described in Part B of this Permit subject to the conditions specified in
and attached to Part C of this Permit. 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(條例)第10條的規定，環境保護署署長(署長) 於2005年1月25日將本環境許可證編號 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，署長因應更改環境許可證的申請編號VEP-465/2015修訂環境許可證編號 EP-237/2005/B 。以下修訂已包含在本環境許可證編號 EP-237/2005/C 內。本經修訂的環境許可證，只適用於建造B部所說明的指定工程項目，並須遵守本許可證C部所說明及附載的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application
No. 申請書編號 |
VEP-465/2015 |
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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 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 |
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Document in the Register : 登記冊上的文件: |
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) 9.
Environmental
Permit issued on 23 April 2009 (Permit No. EP-237/2005/B) 於二○○九年四月二十三日發出的環境許可證
(許可證編號 EP-237/2005/B) 10.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 20 January 2015 (Application No. VEP-465/2015) 許可證持有人於二○一五年一月二十日提交的更改環境許可證申請文件(申請書編號 VEP-465/2015) |
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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 (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 |
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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VEP-465/2015 |
20 January
2015 2015年1月20日 |
(1)
Vary Scale and Scope of Designated
Project in Part B (2)
Vary Conditions 1.7 in Part
C (3)
Vary Figures 1 (4)
Add Figure 1-A to the Environmental
Permit (No.237/2005/B) (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 項 (3)
更改附圖 1 (4)
加入環境許可證(編號 EP-237/2005/B)圖1-A |
17 February
2015 2015年2月17日 |
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17 February 2015 |
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Date 日期 |
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(Louis P.L. CHAN) Principal Environmental Protection
Officer (Regional Assessment) for Director of Environmental
Protection 環境保護署署長 （首席環境保護主任(區域評估) 陳檳林
代行） |
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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; 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； ii.
a rectangular bypass channel of about
350m long, about 18m wide and about 0.8m deep; and 長約350米、寬約18米、深約0.8米的矩形繞道；以及 iii.
about
40m long riverwall at River Silver as shown in Figure 1-A of this Permit. 如本許可證圖1-A所展示於銀河修建長約40米河堤。 (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 and AEP-434/2012), the application
documents for variation of an environmental permit (Application No.
VEP-230/2007, VEP-283/2009, VEP-464/2015 and VEP-465/2015) 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 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.
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/C
環境許可證編號
EP-237/2005/C
| Figure 1 |
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