ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13

環 境 影 響 評 估 條 例
(第 499章 )
第 10及 第 13條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE DESIGNATED PROJECT

建 造 及 營 辦 指 定 工 程 項 目 的 環 境 許 可 證

PART A (MAIN PERMIT)
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-038/1999) to the Civil Engineering Department (hereinafter referred to as the "Permit Holder") on 3 November 1999. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-038/1999) based on the Application No. VEP-052/2001. The amendments, described below, are incorporated into this Environmental Permit (EP-038/1999/A). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.

根 據 環 境 影 響 評 估 條 例 (條 例 )第 10條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 於 1999年 11月 3日 將 環 境 許 可 證 (EP-038/1999)批 予 土 木 工 程 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-052/2001修 訂 環 境 許 可 證 編 號 EP-038/1999。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-038/1999/A)。 本 經 修 訂 的 環 境 許 可 證 作 為 建 造 及 營 辦 本 許 可 證 B部 所 說 明 的 指 定 工 程 項 目 ﹐ 但 須 遵 守 本 許 可 證 C部 所 說 明 或 附 載 的 條 件 。

This Environmental Permit is based on the documents, approvals, and applications described below :-

本 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 及 申 請 而 簽 發 -

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 的 說 明 )

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the "Permit"):
下 列 為 本 環 境 許 可 證 (下 稱 "許 可 證 ")A部 所 提 述 的 指 定 工 程 項 目 的 說 明 :

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 This permit shall not remove the responsibility of the permit holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354), and others.

1.3 The Permit Holder shall make copies of this permit as well as the EIA Report and the EM&A Manual available at all times for inspection by the Director at all the sites covered by this permit.

1.4 The Permit Holder shall give a copy of this permit to the person(s) in charge of the site(s).

1.5 The Permit Holder shall display a copy of this permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the environmental 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 of Environmental Protection shall also be displayed at the same locations as the original permit.

1.6 Copies of the EIA Report and the approved Environmental Monitoring and Audit (EM&A) Manual shall be kept in the Resident Engineer's office and the Contractor's office(s) on site for reference.

1.7 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this permit.

1.8 The Permit Holder shall ensure the Project is designed, constructed and operated in accordance with the information and recommendations contained in the EIA Report.

1.9 All deposited submissions as required under this Permit, shall be rectified 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.

1.10 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 any other places 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 Amendments to submission required under the Permit shall be approved by the Director and deposited with the Environmental Impact Assessment Ordinance Register Office or any other places as specified by the Director as required by the respective condition.

1.12 The Permit Holder shall notify the Director two weeks prior to the commencement and completion of the Project works.

2. Submissions or Measures before Commencement of Construction

2.1 An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET shall be headed by a team leader who has at least seven years' experience in environmental monitoring and auditing (EM&A) or environmental management. The ET leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual.

2.2 The Permit Holder shall employ an Independent Environmental Checker (IEC) who shall have at least 7 years experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit.

2.3 Two months before commencement of the landscape works of the project, the Permit Holder shall deposit with the Director 5 sets of landscape master plan which shall include an explanatory statement and drawings in 1:1000 scale or other appropriate scale outlining the landscape mitigation measures. The landscape master plan shall have been verified by the IEC as conforming to the requirements as set out in section 6 of the EIA Report before deposit.

2.4 Two months before commencement of the noise barriers construction works of the project, the Permit Holder shall confirm in writing to the Director the removal of noise sensitive receivers N6 and N7 referred to in Table 3.3a of the EIA Report. The Permit Holder should deposit with the Director 5 sets of design drawings showing the locations and details of the noise barriers of scale 1 to 1000 (or other appropriate scale as agreed by the Director) with the Director. The design drawings shall include all noise barriers as shown in Figure 1. The submission shall be verified by the ET leader and approved by the Engineer as conforming to the information and recommendations contained in Sections 3 and 6 of the EIA report, and any changes that has been agreed by the Director. The Permit Holder shall also provide additional copies of the design drawings as deemed necessary by the Director.

2.5 Two months before commencement of the road construction works of the project, the Permit Holder shall deposit with the Director 5 sets of ecological mitigation measures action plan which shall include an explanatory statement and drawings in 1:1000 scale (or other appropriate scale as agreed by the Director) outlining the scope and location of the ecological mitigation measures. The ecological mitigation measures action plan shall also detail the timing of the construction works in relation to the corresponding mitigation measures. The submission shall be verified by the ET leader and approved by the IEC as conforming to the information and recommendations contained in Section 5 of the EIA report.

3. Submissions or Measures during Construction

3.1 All design and measures as described in submissions deposited under Conditions 2.3, 2.4 and 2.5 shall be fully implemented.

3.2 During the implementation of improvement works at junction between Castle Peak Road and So Kwun Wat Road (location plan in Figure 2), to protect sensitive receivers at So Kwun Wat Road along the southern boundary of the works area, acoustic shed(s) shall be used to control noise from operation of power equipment including saw, hand-held breaker and mini backhoe and a 1.5-metre high temporary noise barrier shall be erected alongside the existing 1.5-metre high brick wall. The design and construction of the acoustic shed(s) shall be in accordance with the British Standard BS 5228 (BS 5228; Part 1: 1997; Figures B.2 & B.3 in Page 19 & 20). The design and construction of the temporary noise barrier shall be in accordance with Figure 3. The temporary noise barrier shall be erected throughout the duration of any construction works.

3.3 3-metre high movable noise barriers with a skid footing and a small cantilevered upper portion shall be erected within 5 metres from any static or mobile plant to shield the noisy plants from Noise Sensitive Receivers N9, N12, N14, N18, N20 and N22 as stated in Table 3.3a of the EIA Report.

4. Submissions or Measures before Operation

4.1 The noise barriers, landscape mitigation measure and ecological mitigation measures shall be constructed by the Permit Holder in accordance with the design drawings/landscape master plan as specified by Conditions 2.3, 2.4 and 2.5 above. For this purpose, at least two weeks before commencement of operation of the Project, the Permit Holder shall deposit with the Director 5 copies of audit report which contains the certification by the IEC that the noise, landscape and ecological mitigation measures has been satisfactorily completed.

5. Environmental Monitoring and Audit

5.1 The EM&A programme shall be implemented as set out in the approved EM&A Manual. Any changes to the EM&A programme shall be justified by the IEC and be approved by the Engineer as conforming to the requirements set out in the EM&A Manual before submission to the Director for approval.

5.2 5 copies of the Baseline Monitoring Report verified by the IEC shall be submitted to the Director before commencement of any major construction works that would affect the monitoring results. The Permit Holder shall also provide additional copies of the Baseline Monitoring Report as required by the Director.

5.3 5 copies of monthly EM&A Report verified by the IEC shall be submitted to the Director within 10 working days from the end of the reporting month in hardcopy format or by other means as specified by the Director. The Permit Holder shall also provide additional copies of the EM&A Report as required by the Director.

5.4 The submitted reports as required in Conditions 5.3 and 5.4 above shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise specified by the Director.

5.5 The actions described in the Event/Action Plans of the approved EM&A Manual shall be carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.

Notes:

1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Descriptions of Designated Project) and PART C (Permit Conditions).

2. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of this environmental permit. The Permit Holder shall replace the original permit displayed at the construction site(s), by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility for the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director with the consent of the Secretary for Planning, Environment and Lands, may suspend, vary or cancel this environmental permit. In that event, the environmental permit shall cease to be displayed at the construction site.

5. If this permit is cancelled or surrendered during the construction, an environmental permit must be obtained under the Ordinance before the construction of the Project could continue. It is an offence under Section 26(1) of the Ordinance to construct the designated project without an environmental permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong

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