Environmental Permit No. EP-104/2001/B

環境許可證編號 EP-104/2001/B

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10&13

環境影響評估條例

(第499章)

第10條及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

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 to NEW TERRITORIES EAST DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (hereinafter referred to as the "Permit Holder") on 4 October 2001. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-104/2001/A) based on the Application No. VEP-163/2005. The amendments, described below, are incorporated into this Environmental Permit (EP-104/2001/B). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.

根據環境影響評估 (條例 )第 10條的規定 ﹐ 環境保護署署長 (署長) 於 2001年 10月 4日將環境許可證 (EP-104/2001) 批予拓展署新界東拓展處主要工程管理處 (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-163/2005 修訂環境許可證編號 EP-104/2001/A。以下修訂已包含在本環境許可證內 (EP-104/2001/B)。本經修訂的環境許可證作為建造及營辦本許可證 B部所說明的指定工程項目，但須遵守本許可證 C部所說明或附載的條件。

The issue of this amended environmental permit is based on the documents, approvals or permissions described below:

本經修訂的環境許可證乃依據下列文件、批准或許可條件而簽發 –

	Application No. 申請書編號:	VEP-163/2005
	Document in the Register : 登記冊上的文件 :	(1) Route 16 Investigation Assignment - Environmental Impact Assessment Final Assessment Report (January 1998) (Register No. EIA-135/BC) [Hereinafter referred to as the “1998 EIA Report”] - Environmental Monitoring & Audit Manual (January 1998) [Hereinafter referred to as the “1998 EM&A Manual”] (1) 十六號幹線勘探工作 - 《環境影響評估最終評估報告》 (1998年1月) (登記冊編號: EIA-135/BC) [下稱「1998年環評報告」] - 《環境監察及審核手冊》(1998年1月) [下稱「1998年環監手冊」]
Document in the Register : 登記冊上的文件 :		(2) Route 16 Investigation Assignment - Alternative Alignment Environmental Impact Assessment Final Assessment Report (August 1999) (Register No. AEIAR-022/1999) [Hereinafter referred to as the “1999 EIA Report”] - Environmental Monitoring & Audit Manual (August 1999) [Hereinafter referred to as the “1999 EM&A Manual”] The Director’s letter of approval of the 1999 EIA Report dated 5 November 1999 ref (25) in Ax(1) to EP2/N1/A/24 Pt.3 (2) 十六號幹線勘探工作 - 《替代路線 — 環境影響評估最終評估報告》(1999年8月) (登記冊編號 AEIAR-022/1999) [下稱「1999年環評報告」] - 《環境監察及審核手冊》(1999年8月) [下稱「1999年環監手冊」] 署長於1999年11月5 日發出批准1999年環評報告的信件(檔號(25) in Ax(1) to EP2/N1/A/24 Pt.3) (3) Environmental permit application documents for the Main Portion, including all attachments, submitted by Highways Department on 20 August 2001 (Application No. AEP-103/2001) (3) 路政署於 2001年8月20日就主要路段提交的環境許可證申請文件，包括所有附件 (申請書編號AEP-103/2001) (4) Environmental Permit issued on 17 September 2001 for the Main Portion (Permit No. EP-103/2001) (4) 於 2001年9月17日就主要路段發出的環境許可證 (環境許可證編號EP-103/2001) (5) Environmental permit application documents for the Entrusted Portion, including all attachments, submitted by the Permit Holder on 6 September 2001 (Application No. AEP-104/2001) [Hereinafter referred to as the “the Application AEP-104/2001”] (5) 許可證持有人於 2001年9月6日就委託路段提交的申請文件，包括所有附件 (申請書編號AEP-104/2001) [下稱 “申請書編號AEP-104/2001”] (6) Environmental Permit issued – Permit No.: EP-104/2001 issued on 4 October 2001. (6) 已簽發的環境許可證 — 許可證編號：EP-104/2001於2001年10月4日簽發。 (7) Application for Variation of an Environmental Permit No. VEP-124/2003. [Hereafter referred to as “the Application VEP-124/2003”] (7) 申請更改環境許可證編號VEP-124/2003。[下稱“申請書編號VEP-124/2003”] (8) Environmental Permit issued – Permit No.: EP-104/2001/A issued on 29 December 2003 (8) 已簽發的環境許可證 — 許可證編號：EP-104/2001/A於2003年12月29日簽發。 (9) Application for Variation of an Environmental Permit No. VEP-163/2005 [Hereafter referred to as “the Application VEP-163/2005”] (9) 申請更改環境許可證編號VEP-163/2005。[下稱“申請書編號VEP-163/2005”]

	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-124/2003	6 December 2003 2003年12月6日	- - Vary Condition 3.1 in Part C of the Environmental Permit EP-104/2001 - Vary Figure 2 and Annex A of the Environmental Permit EP-104/2001 - 更改環境許可證編號 EP-104/2001 C 部條件第3.1項條件 - 更改環境許可證編號 EP-104/2001的圖2及附件A		29 December 2003 2003年12月29日
	VEP-163/2005	24 January 2005 2005年1月24日	- - Vary Condition 3.1 in Part C of the Environmental Permit EP-104/2001/A - Vary Figure 2 and Annex A of the Environmental Permit EP-104/2001/A - 更改環境許可證編號 EP-104/2001/A C部條件第3.1項條件 - 更改環境許可證編號 EP-104/2001/A 的圖2及附件A -		16 February 2005 2005年2月16日
16 February 2005
Date 日期				(Elvis W K AU ) Assistant Director of Environmental Protection (Environmental Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (環境保護署助理署長(環境評估及噪音區偉光代行)

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 :

下列為本環境許可證A部所述指定工程項目的說明：

Title of Designated Project

指定工程項目的名稱

Route 9 between Cheung Sha Wan and Sha Tin – Entrusted Portion [This designated project is hereinafter referred to as “the Project”]. (Route 9 between Cheung Sha Wan and Sha Tin was previously known as Route 16 from West Kowloon to Sha Tin)

九號幹線長沙灣至沙田段 – 委託路段 [本指定工程項目下稱「工程項目」]。(九號幹線長沙灣至沙田段前稱16號幹線西九龍至沙田)

Nature of Designated Project
指定工程項目的性質

Construction and operation of a section of a dual 3-lane trunk road.

建造及營辦一條雙程三線分隔主幹路的部分路段。

Location of Designated Project

指定工程項目的地點

Sha Tin, New Territories. The location of the Project is shown in Figure 1 of this Environmental Permit.

新界沙田。工程項目的地點載於本環境許可證圖1。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Construction & operation of

建造及營辦

(a) the site formation, drainage, geotechnical and landscape works for the toll plaza;

(a) 繳費廣場的工地平整、渠務、土力及景觀美化工程；

(b) the construction of the Sha Tin Heights Tunnel, the Sha Tin Approach Roads and the Slip Road connecting to Che Kung Miu Road including all formation, structure, road, geotechnical, drainage and landscape works;

(b) 沙田嶺隧道、沙田引道及連接車公廟路支路的建造工程，包括各項平整、結構、道路、土力、渠務及景觀美化工程；

(d) the construction of noise mitigation measures.

(d) 噪音緩解措施的建造工程。

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 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 the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to the site(s) of the construction, operation and/or decommissioning of the Project and should mean the same hereinafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions 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 all recommendations described in the 1998 EIA Report (Register No. EIA-135/BC), the 1999 EIA Report (Register No. AEIAR-022/1999), the 1998 EM&A Manual, the 1999 EM&A Manual, and other relevant documents in the Register; or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

1.8 All submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director's comments or otherwise as specified by the Director.

1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance. All submissions or any variation of the submissions shall be verified by the Independent Environmental Checker (IEC) referred to in Condition 2.1 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than 4 weeks prior to the date of commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.12 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). The Permit Holder shall make copies of this permit available at all times for inspection by the Director at all the sites covered by this permit.

2. Submissions for the Construction of the Project

2.1 An Independent Environmental Checker (IEC) shall be employed no later than two months before the commencement of construction of the Project. The IEC shall have at least 7 years’ experience in environmental monitoring and audit (EM&A) or environmental management. The IEC shall be responsible for duties defined in the 1999 EM&A Manual, and shall audit the overall EM&A programme covered by the 1998 EM&A Manual and 1999 EM&A Manual (hereafter referred to as the two EM&A Manuals), including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.2 An Environmental Team (ET) shall be established no later than 2 months before the commencement of construction of the Project. The ET shall be headed by the ET Leader who shall have at least 7 years’ experience in environmental monitoring and auditing (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for duties defined in the 1999 EM&A Manual. 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 two EM&A Manuals.

2.3 The Permit Holder shall, within 4 weeks after commencement of construction of the Project, inform the Director in writing of the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

2.4 The Permit Holder shall, at least 8 weeks before commencement of any construction work causing any loss of woodland, submit to the Director for approval 3 sets of landscape proposals as recommended in section 8.6.5 and the implementation schedule of the Environmental Review Report dated September 2001 attached to the Application. The landscape proposals shall include plans of scale 1 to 1000 or other appropriate scale as agreed by the Director. With a view to further minimizing ecological impacts, the proposals shall show the compensatory replanting areas for permanent woodland loss and reinstated areas for temporary woodland loss (with the size of compensation area clearly stated in hectares), and shall include a design document for the toll plaza illustrating efforts to further minimize ecological impacts. The proposals shall also include an implementation programme for these works, with clear identification of the responsibility for implementation, management and maintenance of landscape mitigation measures for these works. All measures recommended in the approved proposal(s) shall be fully implemented in accordance with the details and time schedule set out in the submission. No construction work causing any loss of woodland shall commence without the approval of the proposals.

2.5 The Permit Holder shall, no later than 4 weeks after the commencement of construction of the Project, submit to the Director for approval three sets of Waste Management Plan for the construction stage of the Project. The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the 1998 EIA Report, 1999 EIA Report, and the Application. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in the 1998 EIA Report, 1999 EIA Report, and the Application. Such a Plan shall include the designated areas for segregation and temporary storage of reusable and recyclable materials. All measures in the approved Plan shall be fully implemented throughout the construction period.

3. Measures for Construction and Operation of the Project

3.1 To mitigate the traffic noise impact arising from the Project, noise barriers/enclosures shall be constructed as shown in Figure 2 and Annex A of this Permit, prior to the operation of the Project.

3.2 To mitigate water quality impact from tunneling works for Shatin Heights Tunnel, the following mitigation measures shall be fully implemented:

a. Temporary open storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials from the drill-and-blast tunneling work shall be diverted to the drainage system via appropriate sediment traps, to achieve a controlled release of storm flow, construction runoff, or wash water.

b. Ground water pumped out of tunnels shall be discharged into sediment traps to enhance deposition rates and to remove silt, before discharging into the drainage channels of the drainage system.

3.3 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Annex B shall be fully implemented throughout the construction period.

3.4 To mitigate ecological impact during construction, the following measures shall be fully implemented:

a. At the location shown in Figure 3 of this Permit, a sediment barrier shall be erected to minimize stream sedimentation at downstream of the project boundary of the Toll Plaza.

b. All measures recommended in the approved landscape proposals under Condition 2.4 above shall be fully implemented in accordance with the details and time schedule set out in the submission.

c. As shown in Figure 3 of this Permit, fences shall be erected along the boundary of the construction sites at the Toll Plaza before commencement of works, to prevent tipping, vehicle movements, and encroachment of personnel onto adjacent wooded areas.

4. Environmental Monitoring and Audit requirements during Construction of the Project

4.1 An EM&A programme shall be implemented as set out in the two EM&A Manuals. Any change to the programme shall be justified by the IEC as conforming to the requirements set out in the two EM&A Manuals and information contained in the 1998 EIA Report, 1999 EIA Report and the Application, before submission to the Director for approval.

4.2 Samples and measurements shall be taken in accordance with the requirements of the two EM&A Manuals by:

a) conducting baseline environmental monitoring as set out in the two EM&A Manuals; and

b) conducting impact monitoring as set out in the two EM&A Manuals.

4.3 The remedial actions described in the Event/Action Plans of the two EM&A Manuals shall be fully and properly carried out, in accordance with the time frames(s) set out in the Event/Action Plans, or as agreed by the Director.

4.4 Records of measurements and remedial actions taken under Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the EM&A Reports and making the information available for inspection on site.

4.5 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director no later than 2 weeks before the construction of the Project. The submission shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

4.6 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all noncompliance (exceedances) of the environmental quality performance limits (Action and Limit levels). The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

4.7 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

5. Environmental Monitoring and Audit Requirements during Operation of the Project

5.1 At least 6 months before the operation of the Project, the Permit Holder shall deposit with the Director a monitoring plan of traffic noise from operation of the Project, in accordance with section 3.5 of the Environmental Review Report dated September 2001 attached to the Application. Monitoring of traffic noise during the operational phase shall be conducted in accordance with this monitoring plan. Monitoring details and results, including the comparison between the measured noise levels and the predicted levels, shall be recorded in the Traffic Noise Monitoring Report. The Traffic Noise Monitoring Report shall be certified by the Permit Holder before three copies of the report are deposited with the Director, within one month after the completion of the monitoring.

5.2 The Permit Holder shall deposit with the Director 3 copies of an audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures recommended in the submission approved under Condition 2.4 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.

5.3 The Permit Holder shall deposit with the Director 3 copies of an audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures described in Condition 3.1 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.

6. Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the Baseline Monitoring Report, monthly EM&A Reports, and the Traffic Noise Monitoring Report 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 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 and 5 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.

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. The Permit Holder may apply under Section 13 of 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 construction site 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 of 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 may with the consent of the Secretary for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

5. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable: -

(i) on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $ 10,000 for each day on which he is satisfied the offence continued.

7. 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.

8. The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

Environmental Permit No. EP-104/2001/B

| Figure 1| Figure 2 | Figure 3 |

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