Environmental Permit No. EP - 457/2013/C
環境許可證編號 EP- 457/2013/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 & 13
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 (No. EP-457/2013) to the Highways
Department (hereinafter referred to as the "Permit
Holder") on 9 August 2013. Pursuant to Section 13 of the
EIAO, the Director amends the Environmental Permit (No. EP-457/2013/B) based on
the Application No. VEP-517/2016. The amendments,
described below, are incorporated into this Environmental Permit (EP-457/2013/C). This Environmental Permit as amended is
for the construction and operation of the designated project described in Part B subject
to the conditions specified in Part C. The
issue of this Environmental Permit is based on the documents, approvals or
permissions described below :-
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長（署長）於 2013 年 8月 9日將環境許可證（編號：EP-457/2013）批予路政署 (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-517/2016修訂環境許可證(編號EP-457/2013/B)。以下修訂已包含在本環境許可證內 (編號：EP-457/2013/C)。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C部所列明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：-
|
Application
No. 申請書編號 |
VEP-517/2016 |
|
Document in the Register 登記冊上文件 |
(1) Central
Kowloon Route –Design and Construction (Register No.: AEIAR-171/2013): - Environmental Impact Assessment Report for Central Kowloon
Route (January 2013) [Hereinafter referred to as the “EIA Report”] - Environmental Monitoring and Audit Manual for Central Kowloon
Route (January 2013) [Hereinafter referred to as the “EM&A Manual”] - Environmental Impact Assessment Executive Summary for Central
Kowloon Route (January 2013) 中九龍幹線 – 設計及施工 (登記冊編號: AEIAR-171/2013) - 中九龍幹線環境影響評估報告(2013年1月) [下稱「環評報告」] - 中九龍幹線環境監察審核手冊(2013年1月) [下稱「環監手冊」] - 中九龍幹線環境影響評估行政摘要(2013年1月) (2) The Director’s letter of approval of the EIA report
dated 11July 2013 referenced (2) in Ax(1) to
EP2/K2/A/04 Pt.16 署長於2013年7月11日發出批准環評報告的信件，檔案編號: (2) in Ax(1) to
EP2/K2/A/04 Pt.16 (3) Application for an
Environmental Permit submitted by the Permit Holder on 12July 2013
(Application No.: AEP-457/2013) 許可證持有人於2013年7月12日提交的環境許可證申請 (申請書編號: AEP-457/2013) |
|
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(4) Application for Variation of an
Environmental Permit No.: VEP-440/2014 including
all attachments submitted by the Permit Holder on 9 June 2014. [Hereafter
referred to as “the Application VEP-440/2014”] 許可證持有人於2014年6月9日提交的更改環境許可證編號VEP-440/2014的申請和附件
[下稱“申請書編號VEP-440/2014”] (5) Environmental Permit issued on 2 July
2014
(Permit No. EP-457/2013/A). 於2014年7
月2日簽發的環境許可證 (許可證編號: EP-457/2013/A)。 (6) Application for Variation of an
Environmental Permit No.: VEP-473/2015 including
all attachments submitted by the Permit Holder on 27 March 2015. [Hereafter
referred to as “the Application VEP-473/2015”] 許可證持有人於2015年3月27日提交的更改環境許可證編號VEP-473/2015的申請和附件 [下稱“申請書編號VEP-473/2015”] (7) Environmental Permit issued on 22 April
2015
(Permit No. EP-457/2013/B). 於2015年4月22日簽發的環境許可證 (許可證編號: EP-457/2013/B)。 (8) Application for Variation of an
Environmental Permit No.: VEP-517/2016
including all attachments submitted by the Permit Holder on 20 December 2016.
[Hereafter referred to as “the Application VEP-517/2016”] 許可證持有人於2016年12月20日提交的更改環境許可證編號VEP-517/2016的申請和附件 [下稱“申請書編號VEP-517/2016”] |
|
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-440/2014 |
9 June 2014 2014年6月9日 |
Vary Table 1 and Figure 4c in Part C of the Environmental Permit EP-457/2013. 更改在環境許可證編號EP-457/2013的表一及圖4c。 Vary Part B, Figure 1 of the Environmental Permit
EP-457/2013. |
2
July 2014 2014年7月 2 日 |
|
VEP-473/2015 |
27 March 2015 2015年3月27日 |
Vary Condition 2.5 and add Figure 2 in Part C
of the Environmental Permit EP-457/2013/A to specify a ‘no works zone’ and
the implementation period. 更改在環境許可證編號EP-457/2013/A的C部第2.5項條件及新增圖2，以指定 ' 禁止施工區域 ' 及其實施期間。 Vary Table 1 and Figure 4b in Part C of the Environmental Permit EP-457/2013/A to show the
modified noise mitigation measures. 更改在環境許可證編號EP-457/2013/A的C部的表一及圖4b，以展示經整合後的噪音緩解措施。 Vary Figure 1 in Part B
and Figure 4b in Part C of the Environmental Permit
EP-457/2013/A to include the realigned Lin Cheung Road and widened Connection
A. 更改在環境許可證編號EP-457/2013/A的B部的圖1及C部的圖4b，以包括修訂後的連翔道走線及擴闊後的連接路Ａ走線。 Renumber Figure 2a, Figure 2b, Figure 3 and Figure 4a to Figure 4d in Part C of the Environmental Permit EP-457/2013/A.為環境許可證編號EP-457/2013/A 的C部圖2a，圖2b，圖3及圖4a至圖4d重新編號。 |
22
April 2015 2015年4月 22
日 |
|
VEP-517/2016 |
20 December 2016 2016年12月20日 |
Add a new
Condition 2.15 in Part C of the Environmental Permit
EP-457/2013/B to specify the mitigation measures for the operation of a new
barging facility. 在環境許可證編號EP-457/2013/B的C部新增第2.15項條件，以指定新的躉船轉運站營辦期間的緩解措施。 Vary Figure 1 in Part B of the
Environmental Permit EP-457/2013/B to include new barging facility and construction
and demolition material stockpiling area. 更改在環境許可證編號EP-457/2013/B的B部的圖1，以包括新的躉船轉運站及拆建物料貯存區。 Vary Table 1 and Figures 5b and 5c in Part C of
the Environmental Permit EP-457/2013/B to show the modified
noise mitigation measures. 更改在環境許可證編號EP-457/2013/B的C部的表一及圖5b和5c，以展示經整合後的噪音緩解措施。 Vary Condition 2.8 in Part C of the Environmental Permit EP-457/2013/B to address
the updates of the landscape and visual mitigation measures. 更改在環境許可證編號EP-457/2013/B的C部第2.8項條件，以處理景觀及視覺影響緩解措施的更新。 Renumber Conditions 2.15 – 2.20 in Part C of Environmental Permit No. EP-457/2013/B as
Conditions 2.16 – 2.21 in Part C of Environmental Permit
No. 457/2013/C. 更改環境許可證編號EP-457/2013/B 的C部的第2.15 – 2.20 項條件編號為環境許可證編號EP-457/2013/C 的C部的第2.16 – 2.21 項條件。 |
16
January 2017 2017年1月 16
日 |
16 January 2017
2017年1月 16 日
|
Date 日期 |
|
(Tony W.H. CHEUNG) 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 張偉雄代 行) |
PART B ( DESCRIPTIONS OF DESIGNATED PROJECT(S))
B部(指定工程項目的說明)
Hereunder is the description of the
designated project(s) 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部所提及的指定工程項目的說明:
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Title of Designated Project(s) 指定工程項目的名稱 |
Central Kowloon Route [This designated project is hereinafter referred to
as "the Project"] 中九龍幹線 |
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Nature of Designated Project(s) 指定工程項目的性質 |
·
A road which is an
expressway, trunk road, primary distributor road or district distributor road
including new roads, and major extensions or improvements to existing roads; ·
A road or railway tunnel
more than 800 m in length between portals; ·
A road or railway bridge
more than 100 m in length between abutments; ·
A road fully enclosed by
decking above and by structure on the sides for more than 100 m; ·
Reclamation works
(including associated dredging works) more than 1 ha in size and a boundary
of which (c) is less than 100 m from an existing residential area; and ·
A facility for the
treatment of construction waste (a) with a designed capacity of not less than
500 tonnes per day; and (b) a boundary of which is less than 200m from an
existing or planned (i)
residential area; (ii)
place
of worship (iii)
educational
institution; or (iv)
health care
institution. ·
屬快速公路、幹道、主要幹路或地區幹路的道路，包括新路及對現有道路作重大擴建或改善的部分； ·
入口之間的長度超過800米的行車隧道或鐵路隧道； ·
橋台之間的長度超過100米的行車橋梁或鐵路橋梁； ·
完全被其上的蓋層和兩邊的構築物所包圍，而被包圍的長度超過100米的道路； ·
面積超過1公頃的填海工程(包括相聯挖泥工程)，而其一條界線：(c) 距離一個現有的住宅區少於100米。 ·
建築廢物處理設施，而：(a)其設計的處理能力每天不少於500公噸；及(b)其一條界線距離一個現有的或計劃中的 (i)
住宅區； (ii)
禮拜場所； (iii)
教育機構；或 (iv)
健康護理機構， 少於200米。 |
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Location of Designated Project(s) 指定工程項目的地點 |
The location
of this Project is shown in Figure
1 attached to this Permit. 工程項目的位置見載於本許可證夾附的圖1。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction and operation of the
following key elements: (a)
a dual 3-lane east-west trunk road
about 4.7 km long with about 3.9 km in tunnel connecting West Kowloon with
the proposed Kai Tak Development (KTD); (b)
connection with Yau Ma Tei Interchange
of the West Kowloon Highway and associated road network in West Kowloon; (c)
connection to future Trunk Road T2 and
associated road network in Kowloon Bay and KTD; (d)
a landscaped deck at the west portal
and the structure of landscaped decks above the depressed road at east end
and above the re-provisioned Kowloon City Ferry Pier Public
Transport Interchange; (e)
re-provisioning of the section of
Gascoigne Road Flyover (GRF) affected by Central Kowloon Route (CKR); (f)
re-alignment of Kai Fuk Road and Hoi Wang Road; (g)
widening of Lai Cheung Road; (h)
re-arrange the carriageway lines
on GRF (Ferry Street Section) and Ferry Street; (i)
tunnel ventilation system and air
purification system, and associated ventilation buildings, adits and shafts; (j)
temporary reclamation and dredging
works associated with the construction of the underwater tunnel in Kowloon
Bay; and (k)
noise
mitigation measures at west end and along the re-provisioned GRF. 建造及營辦以下的主要部份: (a)
一條總長約4.7公里連接西九龍和啟德發展區之東西行雙向三線主幹道，其中約 3.9公里路段以隧道形式興建； (b)
中九龍幹線與現有油麻地交匯處以及西九龍相關道路網路之連接路； (c)
中九龍幹線與擬建的T2主幹線，以及與九龍灣和啟德發展區相關道路網路之連接路； (d)
位於幹線西入口處的園景平台和位於幹線東段地下道路之上以及位於重置後的九龍城碼頭公共運輸交匯處之上的園景平台的結構； (e)
重置受中九龍幹線項目影響的部分加士居道天橋； (f)
啟福道與海泓道走線調整； (g)
麗翔道擴闊； (h)
渡船街及加士居道天橋(渡船街段)走線調整； (i)
隧道通風系統和空氣淨化系統，以及相應的通風大樓、通風管道、通風井； (j)
建設九龍灣的海底隧道相關的臨時填海工程和挖泥工程；及 (k)
位於幹線西端及重置後的部分加士居道天橋的噪音緩解措施。 |
C部 (許可證條件)
1.
General
Conditions
一般條件
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 (EIAO) (Cap. 499) and may become the
subject of appropriate action being taken under the EIAO.
1.2
The Permit Holder shall ensure full
compliance with all legislation from time to time in force including, without
limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste Disposal
Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise
Control Ordinance (Cap. 400). This Permit does not of itself constitute any
ground of defence against any proceedings instituted under any legislation or
imply any approval under any legislation.
1.3
The Permit Holder shall make copies of
this Permit together with all documents referred to in this Permit and the
documents referred to in Part A of the Permit
readily available at all times for inspection by the Director or his authorised
officers at all sites/offices covered by this Permit. Any reference to the
Permit shall include all documents referred to in the Permit and also the
relevant documents in the Register.
1.4
The Permit Holder shall give a copy of
this Permit to the person(s) in charge of the site(s) and ensure that such
person(s) fully understands all conditions and all requirements incorporated in
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 and
operate 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, constructed and operated in accordance with the information
and recommendations described in the EIA Report (Register No.: AEIAR-171/2013),
the application documents for environmental permit (Application No.:
AEP-457/2013), 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 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. 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 1.3 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.
1.14
The Permit Holder shall notify the
Director in writing the commencement date of operation of the Project no later
than one month prior to the commencement of operation of the Project. The
Permit Holder shall notify the Director in writing immediately if there is any
change of the commencement date of operation.
2.
Specific
Conditions
Submission and/or Measures before
Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A)
Personnel
2.1
An Environmental Team (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 Independent Environmental Checker (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 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
compliance with the recommendations of the EIA Report (Register No.: AEIAR-171/2013) and 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 EIA Report (Register No.: AEIAR-171/2013) and this Permit or by the Director or his
authorized officers. Failure to maintain records in the log-book, failure
to discharge the duties of the ET Leader as defined in the EM&A Manual or
failure to comply with this Condition would entitle the Director to require the
Permit Holder by notice in writing to replace the ET Leader. Failure by the
Permit Holder to make replacement, or further failure
to keep contemporaneous records in the log-book despite the employment of a new
ET Leader may render the Permit liable to suspension, cancellation or
variation.
2.2
An IEC shall be employed 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 of the Project and shall audit the overall EM&A
performance, 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 EIA Report (Register No.: AEIAR-171/2013) and 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.
Community Liaison Group
2.3
Before the commencement of construction of the Project, the Permit Holder shall set up community liaison groups (CLGs)
comprising representatives of affected parties, including local committees, residents
and schools in the affected areas along the route alignment, to facilitate
communications, enquiries and complaint handlings on environmental issues
related to the Project. Respective community liaison teams and a designated
complaint hotline shall be set up for the Project to address related concerns
and enquiries in an efficient manner. The Permit Holder shall also follow up
with the respective CLGs on the implementation of mitigation measures as
necessary. The Permit Holder shall notify the Director the date of setting up
the CLG, the membership, the terms of reference and the contact details at
least one month before commencement of construction of the Project.
Management Organization of Main Construction Companies
2.4
The Permit Holder shall, no later than one month before the
commencement of construction of the Project, inform the Director in writing the
management organization of the main construction companies and/or any form of
joint ventures associated with the construction of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Submission of Construction Programme and
EP Submission Schedule
2.5
The Permit Holder shall, no later than one month before commencement
of construction of the Project, deposit with the Director four hard copies and
one electronic copy of the construction programme showing
the commencement and completion dates of major items of construction works;
together with the anticipated schedule of submissions for fulfilling the
submission requirements as contained in this Permit. No works shall be carried out for the
Project in the area shown coloured yellow hatched
black in Figure 2 before 1 February 2017. The Permit
Holder shall inform the Director in writing of any subsequent changes to this
submitted construction programme and EP submission
schedule.
Submission of Design Drawing of the Project
2.6
The Permit Holder shall, no later than one month before the
commencement of the construction works of the Project, deposit four hard copies
and one electronic copy of design drawing(s) of the Project with scale of at
least 1:1000. The drawing(s) shall be submitted with an explanatory
statement detailing the works boundaries, the works areas, vertical and
horizontal alignments of the CKR, its tunnel, slip roads, ventilation
buildings/vent shaft(s) and any other major facilities; and the locations of
key environmental mitigation measures, including noise deckings,
noise enclosures/semi-enclosures and barriers and low noise road surfacing as
mentioned in Conditions 2.17 of this Permit.
Submission and Measures for Mitigating Cultural Heritage Impact
2.7
The Permit Holder shall, no later than one month before the
commencement of construction of the Project, submit to the Director for
approval four hard copies and one electronic copy of the detailed design
underpinning scheme of the New Wing of Yau Ma Tei Police Station showing the impact to the said building
and the detailed mitigation measures proposal for Yau
Ma Tei Police Station recommended in Section 12.6.1
of the EIA Report (Register No.: AEIAR-171/2013).
Before submission to the Director, the detailed design
underpinning scheme of the New Wing of Yau Ma Tei Police Station shall be certified by the ET and
verified by the IEC as conforming to the relevant information and
recommendations contained in the EIA Report. The approved detailed design
underpinning scheme of the New Wing of Yau Ma Tei Police Station shall be fully and properly implemented.
Submission of Landscape Mitigation Plan of the Project
2.8
The Permit Holder shall, at least one month before the
commencement of construction of the corresponding component(s) of the Project,
deposit with the Director four hard copies and one electronic copy of a
Landscape Mitigation Plan(s). The Landscape Mitigation Plan(s) shall be
certified by the ET leader and verified by the IEC as conforming to the
information and recommendations of landscape and visual mitigation measures in
the EIA Report (Register No.: AEIAR-171/2013) or
otherwise approved by the Director in compliance with the requirements in the
Technical Memorandum on Environmental Impact Assessment Process, and Condition 2.10 of this Permit.
Submission of Construction Noise Mitigation Measure Plan
2.9
To further reduce the air-borne construction noise impacts on Yau Ma Tei Catholic Primary School (Hoi
Wang Road), Tak Cheong Building, Prosperous Garden
Block 1, The Coronation Tower 1, Ko Fai House of Kwun Fat Court, Grand Waterfront Tower 3 and Hang Chien Court Block J, the Permit Holder shall, no later than
one month before the commencement of construction of the corresponding
component(s) of the Project, submit to the Director for approval four hard
copies and one electronic copy of an updated Construction Noise Mitigation
Measure Plan (CNMMP). The plan
shall include:-
(a) a schedule
of construction works to be carried out at the works areas of the Project
within 300m from the NSRs;
(b) an updated
construction methodology of the construction works;
(c) an updated
powered mechanical equipment (PME) list for the construction works;
(d) an updated
proposal of air-borne construction noise mitigation measures for the Noise Sensitive
Receivers as mentioned above, including the provision of noise barriers,
enclosures;
(e) other
initiatives proposed by the Permit Holder; and
(f) an updated prediction of noise levels in accordance with the above
updated information and mitigation proposals in place.
Before submission to the Director, the CNMMP shall be certified by
the ET and verified by the IEC as conforming to the relevant information and
recommendations contained in the EIA Report. The approved CNMMP shall be fully and
properly implemented.
Submissions and/or
Measures to be Implemented During Construction of the Project
Measures for Mitigating Landscape and Visual Impact during
construction of the Project
2.10
The Permit Holder shall incorporate more innovative designs and
greening features in the detailed planning of the landscape features on deckings and ventilation buildings, e.g. planting of trees, preferably
scented trees, to provide greening in Kowloon area, tree planting arranged in
east-west orientation to create wind corridor effect and use of roof
garden/vertical green walls to enhance aesthetic effect. The Permit Holder shall
monitor performance of the contractors to ensure that sufficient and suitable
soil substrates will be provided for the planting and that there shall be good
and sustained horticultural management/maintenance.
Measures for Mitigating Construction Dust Impact
2.11
To minimise the construction dust
impact, the following dust mitigation measures shall be implemented:-
(a) watering
once every working hour to keep active works areas, exposed areas and paved
haul roads wet; and
(b) enclosing the unloading process at any barging point by a 3-sided screen
with top cover, and operating water spraying at the discharge point.
Measures to Mitigate Water Quality Impacts during Construction of
the Project
2.12
To minimize water quality impact arising from the dredging works
at To Kwa Wan,
(a) dredging
shall be carried out by closed grab dredger;
(b) cage-typed
silt curtain (at least 80% SS reduction) shall be deployed to fully enclose the
closed grab dredger and shall be extended from water surface to the seabed, as
far as practicable, during any dredging operation;
(c) the
dredging rates by closed grab dredger of the Project shall be less than 750 m3/day
and 62.5 m3/hour or less than 1500 m3/day and 125 m3/hour
when there is no concurrent dredging with Trunk Road T2 and in dry season; and
(d) the area and extent of surface dredging for navigation is shown in Figure 3a. The surface dredging for navigation shall be carried out
in between Stage 1 and Stage 2 temporary reclamations, as shown in Figures 3a and 3b.
2.13
To minimize water quality impact arising from the temporary
reclamation at To Kwa Wan,
(a) cage-type
silt curtain (at least 80% SS reduction) shall be deployed to fully enclose the
stone column installation point;
(b) silt
curtains (at least 75% SS reduction) shall be deployed to fully enclose the pipepile / sheetpile installation / demolition point;
(c) the workfront of temporary reclamation
shall be surrounded by cofferdams and the associated excavation and backfilling
works for temporary reclamation shall have no contact with seawater outside the
cofferdam.
Submission and Measures for Mitigating Land Contamination Impact
2.14
To determine the extent and level of land contamination and
formulate necessary remedial measures at the Kowloon City Ferry Pier Public
Transport Interchange and the To Kwa Wan Vehicle Examination Centre, the Permit
Holder shall:-
(a) no later
than one month after the completion of the land contamination investigation
works at the Kowloon City Ferry Pier Public Transport Interchange (boreholes EBH1
and EBH2 as shown in Figure 4 of this Permit) and the To Kwa
Wan Vehicle Examination Centre (borehole EBH3 as shown in Figure 4 of this Permit) in accordance with the endorsed
Contamination Assessment Plan (CAP)[1], submit to the
Director for approval four hard copies and one electronic copy of Contamination
Assessment Report (CAR) to document the findings of the land contamination
investigation works and assessment on the nature and extent of land
contamination;
(b) if land contamination is confirmed, submit to the Director for
approval four hard copies and one electronic copy of Remedial Action Plan (RAP)
to formulate necessary remedial measures. All remedial measures described
in the approved RAP shall be fully and properly implemented.
(c) if remediation is required, deposit with the Director four hard
copies and one electronic copy of Remediation Report (RR), no later than one
month after the completion of the remediation works. The RR shall provide details on the
remediation works carried out, types and volume of contaminated soil, standards
and levels of treatment, and locations of all on-site and off-site disposal
sites (including record of disposal).
No construction works at the Kowloon City Ferry Pier Public Transport
Interchange or the To Kwa Wan Vehicle Examination Centre shall be carried out
prior to the EPD's endorsement of the said RR.
Before submission to the Director, the CAR, RAP and RR shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report.
Measures for the operation of the Kai Tak
Barging Facility (KTBF)
2.15
The construction and operation of the Kai Tak
Barging Facility (KTBF) for this Project as shown in Figure 1 (the Site) shall commence
after the current occupier (i.e. the Mass Transit Railway Corporation Limited
(MTRCL)) vacated and returned the Site to the Permit Holder. To minimize any
nuisance arising from the operation of the KTBF, the following mitigation
measures shall be implemented:
(a) the number of construction and demolition
material (C&DM) delivery vehicles departing from construction sites and
works areas of this Project to the KTBF shall not exceed 67 vehicles per hour
or 400 vehicles per day;
(b) in the
event that this Project uses the KTBF concurrently with other projects for handling
C&DM disposal, the number of C&DM delivery vehicles delivering C&DM
from the Project to the KTBF shall be adjusted such that the total number of
C&DM delivery vehicles using the KTBF shall not exceed 67 vehicles per hour
or 400 vehicles per day;
(c) loading of barges shall be controlled to prevent splashing of materials
into the surrounding water. Barges shall not be filled to a level that will
cause the overflow of materials during loading or transportation;
(d) the tipping hall shall be equipped with a
3-sided screen and top cover, and operated with water sprays and flexible dust
curtains at the discharge point; and
(e) the haul roads within the KTBF shall be paved and sprayed with water once
every working hour. Vehicles shall pass through wheel washing facilities before
leaving the KTBF.
Submissions and/or Measures to be
Implemented Before and During Operation of the Project
Submission for Mitigating Landscape and Visual Impact before
operation of the Project
2.16
The landscape and visual mitigation measures shall be implemented
in accordance with the recommendations of the Landscape Mitigation Plan(s)
deposited under Condition 2.8 above. The Permit Holder shall, at least one month before the
commencement of operation of the Project, deposit with the Director four hard
copies and one electronic copy of the As-Built Drawing(s) of the Project, which
shall be certified by the ET Leader and verified by the IEC as conforming to
the recommendations of the Landscape Mitigation Plan(s) deposited under Condition
2.8 above. The landscape and visual mitigation measures shall be
properly maintained during operation of the Project.
Measures for Mitigating Noise Impact during operation of the
Project
2.17
To mitigate traffic noise impact arising from the Project, the
Permit Holder shall implement all noise mitigation measures as shown in Table 1
and Figures
5a to 5d of
this Permit before commencement of operation of the Project. All noise
mitigation measures implemented shall be properly maintained during operation
of the Project.
Submission and Measures for Mitigating Operational Air Quality
Impact
2.19
The Permit Holder shall, no later than three months before the
commencement of operation of the Project, submit to the Director for approval
four hard copies and one electronic copy of a APS Commissioning
Test Plan, which shall be certified by the ET Leader and verified by the
IEC, to provide schedule and methodology for the commissioning test of the
adopted APS described under Condition 2.18 above.
2.20
The Permit Holder shall, no later than one month before the
commencement of operation of the Project, deposit with the Director four hard
copies and one electronic copy of the APS Commissioning Test Report, which
shall be certified by the ET Leader and verified by the IEC as conforming to
the removal efficiency specified under Condition 2.18 above.
2.21
The Permit Holder shall, no later than one month before the
commencement of operation of the Project, submit to the Director for approval
four hard copies and one electronic copy of a APS Performance Monitoring and
Contingency Plan, which shall be certified by the ET Leader and verified by the
IEC to provide monitoring details of the performance of the APS and the
contingency plan for the occasion that the performance of APS during operation
could not achieve the removal efficiency specified under Condition 2.18 above. The approved
APS Performance Monitoring and Contingency Plan shall be fully and properly
implemented.
3.
Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The EM&A programme shall be
implemented in accordance with the procedures and requirements as set out in
the EM&A Manual. Any change to the EM&A requirements or programme shall
be justified by the ET Leader and verified by the IEC as conforming to the
relevant requirements set out in the EM&A Manual and shall seek the prior
approval from the Director before implementation.
3.2
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;
(c)
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
(d)
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.
3.3
Four hard copies and one electronic copy
of the Baseline Monitoring Report shall be submitted to the Director at least 2
weeks before the commencement of construction of the Project. The submissions shall be certified by the
ET Leader and verified by the IEC as complied with the requirements as set out
in the EM&A Manual before submission to the Director. Additional copies of the submission shall
be provided upon request by the Director.
3.4
Four hard copies and one electronic copy
of monthly EM&A Report shall be submitted to the Director within 2 weeks after
the end of each reporting month throughout the entire construction period. The EM&A Reports shall include a
summary of all non-compliance. The submissions shall be certified by the ET
Leader and verified by the IEC as complying with the requirements as set out in
the EM&A Manual before submission to the Director. Additional copies of the
submission shall be provided to the Director upon request by the Director.
3.5
All EM&A data submitted under this
Permit shall be true, valid and correct.
4.
Electronic
Reporting of EM&A Information
4.1
To facilitate public inspection of
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format
(PDF version 1.3 or later), unless otherwise agreed by the Director and shall
be submitted at the same time as the hardcopies as described in Condition 3.3 and 3.4 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 hardcopies.
4.2
The Permit Holder shall set up a dedicated
website and notify the Director in writing the internet address where the
environmental monitoring and project data is to be placed within one month
after the commencement of construction of the Project. All
environmental monitoring results described in Condition 4.1 above and all submissions required by
this Permit shall be made available to the public via this dedicated website 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. The Permit Holder shall maintain the dedicated website for
public access of the environmental monitoring data and reports throughout the
entire construction period and during the first 3-year of operation of the
Project, or otherwise as agreed by the Director.
4.3
The internet website as described in
Condition 4.2 above shall enable user-friendly public
access to the monitoring data and project data including the EIA report, 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 construction 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.
Table 1 - Noise
mitigation measures to mitigate traffic noise impact (referred in Condition 2.17)
|
|
ID |
Type of Mitigation
Measures |
Approximate Length |
Location |
Remarks |
|
(a) |
F01 |
At
least 10m high full enclosure noise decking |
250 m |
West
Portal of CKR |
[1],[2],[3] |
|
(b) |
F02 |
At
least 8m high full enclosure |
110 m |
GRF
(Ferry Street section) |
[1],[2],[3] |
|
(c) |
F03 |
7m high
full enclosure |
200 m |
GRF
(Kansu Street section) Northbound
& Southbound |
[1],[2] |
|
(d) |
S01 |
8m high
semi-enclosure with opening at west |
120 m |
Lin
Cheung Road |
[1],[2] |
|
(e) |
S02 |
At
least 10m high semi-enclosure with opening at west |
270 m |
Re-aligned
Hoi Wang Road |
[1],[2],[3] |
|
(f) |
S03 |
7m high
semi-enclosure with opening at south |
85 m |
GRF
(Ferry Street section) Southbound |
[1],[2] |
|
(g) |
S04 |
7m high
semi-enclosure with opening at south |
45 m |
GRF
(Kansu Street section) Northbound
& Southbound |
[1],[2] |
|
(h) |
S05 |
7m high
semi-enclosure with opening at north |
60 m |
GRF
(Kansu Street section) Northbound
& Southbound |
[1],[2] |
|
(i) |
C01 |
Cantilevered barrier at a height 7m with 4m cantilever inclined at 45° |
140 m |
Connection
E |
[1],[2] |
|
(j) |
C02 |
Cantilevered barrier at a height 5m with 3m cantilever inclined at 45° |
85 m |
Lin
Cheung Road |
[1],[2] |
|
(k) |
C03 |
Cantilevered barrier at a height 5m with 3m cantilever inclined at 45° |
85 m |
Lin
Cheung Road |
[1],[2] |
|
(l) |
C04 |
Cantilevered barrier at a height 5m with 3m cantilever inclined at 45° |
170 m |
Connection
D |
[1],[2] |
|
(m) |
C05 |
Cantilevered barrier at a height 5m with 3m cantilever inclined at 45° |
125 m |
Connection
C2 |
[1],[2] |
|
(n) |
C06 |
Cantilevered barrier at a height 5m with 3m cantilever inclined at 45° |
155 m |
Connection
A |
[1],[2] |
|
(o) |
C07 |
Cantilevered barrier at a height 5m with 1m cantilever inclined at 45° |
180 m |
Ferry
Street (At-grade) |
[1],[2] |
|
(p) |
C08 |
Cantilevered barrier at a height 5m with 2m cantilever inclined at 45° |
15 m |
GRF
(Ferry Street section) |
[1],[2] |
|
(q) |
V01 |
Vertical
barrier at a height 4m |
120 m |
Lin
Cheung Road |
[1],[2] |
|
(r) |
V02 |
Vertical
barrier at a height 3.8m |
170 m |
Connection
D |
[1],[2] |
|
(s) |
V03 |
Vertical
barrier at a height 5.8m |
100 m |
Connection
E |
[1],[2] |
|
(t) |
V04 |
Vertical
barrier at a height 4m |
50 m |
Widening
of Lai Cheung Road |
[1],[2] |
|
(u) |
V05 |
Vertical
barrier at a height 3.3m |
110 m |
GRF
(Ferry Street section) |
[1],[2] |
|
(v) |
V06 |
Vertical
barrier at a height 3.8m |
85 m |
GRF (Ferry Street section) (central divider) |
[1],[2] |
|
(w) |
V07 |
Vertical
barrier at a height 4.3m |
60 m |
GRF
(Kansu Street section) Southbound |
[1],[2] |
|
(x) |
V08 |
Vertical
barrier at a height 2.8m |
60 m |
GRF (Kansu Street section) (central divider) |
[1],[2] |
|
(y) |
V09 |
Vertical
barrier at a height 5m |
5 m |
Connection A |
[1],[2] |
|
(z) |
N/A |
Full
enclosure noise decking |
N/A |
Kowloon City Ferry Pier Public Transport Interchange |
[1],[2] |
|
(aa) |
N/A |
Low
noise road surface |
N/A |
Gascoigne Road Flyover (Ferry Street Section) between Block 1 of
Prosperous Garden and CLP Electric Substation at Kansu Street; and Ferry Street (at-grade) between Yaumati
Catholic Primary School and Block 1 of Prosperous Garden |
[1] |
|
(ab) |
N/A |
Low
noise road surface |
N/A |
Mainline of CKR between Road D3 and start of Slip Road S5 |
[1] |
Remarks
:
[1] This
table is to be read in conjunction with Figures 5a to 5d of this Permit.
[2] For
all noise screening structures, the following requirements should be met :
(i)
the sound absorptive materials should be adopted on surfaces of noise screening
structures wherever there would be an unobstructed path of the reflected noise
component between the nearby noise sensitive receivers and the surfaces of
noise screening structures; and
(ii) there should not be any gap nor
opening on the surfaces of all noise screening structures, and the absorptive
materials should be applied from top of the parapets to at least 2 metres above the top of the parapets.
[3] Given
the separation distance from the top of the noise mitigation measures to the
road surface varies along the full length of the noise mitigation measures, the minimum height of the noise mitigation measures
above the road surface is presented.
Notes:
註:
1.
This Permit consists of three parts,
namely, Part A (Main Permit), Part B (Description of Designated Project(s))
and Part C (Permit Conditions). Any
person relying on this permit should obtain independent legal advice on the
legal implications under the EIAO, and the following notes are for general
information only.
本許可證共有3部，即A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
3.
The Permit Holder may apply under Section
13 of the EIAO 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.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。
4.
A person who assumes the responsibility
for the whole or a part of the designated project(s) may, before he assumes
responsibility of the designated project(s), apply under Section 12 of the EIAO
to the Director for a further environmental permit.
承擔工程項目整項或部分工程的責任的人，在承擔責任之前，可根據環評條例第12條的規定向署長申請新的環境許可證。
5.
Under Section 14 of the EIAO, 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.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下，不再展示。
6.
If this Permit is cancelled or surrendered
during construction or operation of the Project, another environmental permit
must be obtained under the EIAO before the Project could be
continued. It is an offence under Section 26(1) of the EIAO to construct
or operate a designated project listed in Part I of
Schedule 2 of the EIAO without a valid environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續進行工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2第I部所列明的指定工程項目，即屬犯罪。
7.
Any person who constructs or operates the
Project contrary to the conditions in the Permit, and is convicted of an
offence under the EIAO, is liable:
如任何人在違反本許可證的條件下建造或營辦工程項目，根據環評條例，即屬犯罪-
(i)
on a first conviction on indictment to a
fine of $2 million and to imprisonment for 6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and to imprisonment for 2 years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii) on a first summary conviction to a fine at level 6 and to imprisonment
for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv) on a second or subsequent summary conviction to a fine of $1 million and
to imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
8.
The Permit Holder may appeal against any
condition of this Permit under Section 17 of the EIAO within 30 days of receipt
of this Permit.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
9.
The Notes are for general reference only
and that the Permit Holder should refer to the EIAO for details and seek
independent legal advice.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
Environmental Permit No. EP-457/2013/C
環境許可證編號EP-457/2013/C
| Figure 1 |
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