Environmental Permit No. EP-135/2002/C
環境許可證編號 EP-135/2002/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 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 (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit (EP-135/2002) to THE NEW TERRITORIES EAST DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (now known as CIVIL ENGINEERING AND DEVELOPMENT DEPARTMENT) (hereinafter referred to as the "Permit Holder") on 13 May 2002. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-135/2002/B) based on the Application No.VEP-177/2005. The amendments, described below, are incorporated into this Environmental Permit (EP-135/2002/C). 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 2002年 5月 13日 將 環 境 許 可 證
(EP-135/2002) 批 予 拓 展 署 (現稱土木工程拓展署) 新 界 東 拓 展 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-177/2005修 訂 環 境 許 可 證 編 號
EP-135/2002/B。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-135/2002/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 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-177/2005 |
|
Document in the Register : 登記冊上的文件 : |
(1)
Sha Tin New
Town - Stage II, Trunk Road T3 (Tai Wai) Environmental Impact Assessment
(EIA) Study (Register No. EIA-143/BC) -
Updated Final
Report (March 1998) [Hereinafter referred to as the “EIA Report”] -
Environmental
Monitoring & Audit Manual (March 1998) [Hereinafter referred to as the
“EM&A Manual”] (1) 沙 田 新 市 鎮 第 二 階 段– T3 號 主 幹 道 路 (大 圍 ) 環 境 影 響評 估 (登 記 冊 編 號: EIA-143/BC) -
《最 新 修 訂 報 告》 (1998年3月) ([下 稱「環 評 報 告」] -
《環 境 監 察 及 審 核 手 冊》(1998年3月) [下 稱 「環 監 手 冊」] |
|
Document in the Register : 登記冊上的文件 : |
(2)
Documents
attached to the Application for Environmental Permit submitted by the Permit
Holder on 18 April 2002 (Application No.: AEP-135/2002) [Hereinafter referred
to as the "Application"] -
“Sha Tin New Town, Stage II, Trunk Road T3 - Tai Wai,
Environmental Review Report (March 2002 (Revised))” [Hereinafter referred to
as the "Environmental Review"] (2) 許 可 證 持 有 人 於 2002年 4月 18日 提 交 的 環 境 許 可 證 申 請 書 夾 附 的 文 件 (申 請 書 編 號 ：
AEP-135/2002) [下 稱 「 申 請 書 」 ] -
《沙 田 新 市 鎮 第 二 階 段 – T3 號 主 幹 道 路 (大 圍 )環 境 檢 討 報
告 (2002 年 3 月 修 訂) 》 [下 稱 「 環 境 檢 討 」
]
(3) 已簽發的環境許可證 — 許可證編號：EP-135/2002於2002年5月13日簽發。 (4)
Application for Variation of an Environmental Permit No. VEP-091/2003. [Hereafter referred to as “the
Application VEP-091/2003”] (4) 申請更改環境許可證編號VEP-091/2003。 [下稱“申請書編號VEP-091/2003”] (5)
Environmental Permit issued – Permit No.: EP-135/2002/A issued on 30 April
2003. (5) 已簽發的環境許可證 — 許可證編號：EP-135/2002/A於2003年4月30日簽發。 (6)
Application for Variation of an Environmental Permit No. VEP-169/2005. [Hereafter referred to as “the
Application VEP-169/2005”] (6) 申請更改環境許可證編號VEP-169/2005。 [下稱“申請書編號VEP-169/2005”] (7) Environmental Permit issued –
Permit No: EP-135/2002/B issued on 7 April 2005. (7) 已簽發的環境許可證
— 許可證編號：EP-135/2002/B於2005年4月7日簽發。 (8)
Application for Variation of an Environmental Permit No. VEP-177/2005. [Hereafter referred to as “the
Application VEP-177/2005”] (6) 申請更改環境許可證編號VEP-177/2005。 [下稱“申請書編號VEP-177/2005”] |
|
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 – 091/2003 |
4 April 2003 2003年4月4日 |
-
Vary Condition 3.1 and Table 1 in Part C of the
Environmental Permit EP-135/2002
-
Add Tables 2 and 3 in Part C of the Environmental
Permit EP-135/2002
-
Vary Figures 4 and 5 of the Environmental Permit EP-135/2002 and add
Figures 6 and 7
to the Environmental Permit EP-135/2002. -
更改環境許可證編號
EP-135/2002的C 部條件第3.1項條件及表1 -
在環境許可證編號EP-135/2002的C部加入表2及表3 -
更改環境許可證編號
EP-135/2002的圖4及圖5及在環境許可證編號EP-135/2002 加入圖6及圖7 |
30 April 2003 2003年4月30日 |
|
VEP-169/2005 |
18 March 2005 2005年3月18日 |
-
Add Condition 3.5 and Table 4 in Part C of the
Environmental Permit EP-135/2002/A
-
Add Figures 8 to 13 to the Environmental Permit
EP-135/2002/A -
在環境許可證編號EP-135/2002/A
的C部加入第3.5項條件及表4 -
在環境許可證編號
EP-135/2002/A加入圖8 至圖13 -
|
7 April 2005 2005年4月7日 |
|
VEP-177/2005 |
13 May 2005 2005年5月13日 |
-
Vary condition 3.1 and Table 1 in Part C of the
Environmental Permit EP-135/2002/B -
Delete Table 3 of the Environmental Permit
EP-135/2002/B and renumber Table 4 to Table 3.
-
Vary Figure 7 of the Environmental
Permit EP-135/2002/B -
在環境許可證編號
EP-135/2002/B 的C 部條件第3.1項條件及表1 -
在環境許可證編號EP-135/2002/B
的C部刪除表3及並把表4重新編號為表3. -
更改環境許可證編號
EP-135/2002的圖7. |
9 June 2005 2005年6月9 日 |
9 June 2005 |
|
|
|
Date |
|
(Louis P.L. CHAN) 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陳檳林代行) |
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 |
Sha Tin New Town, Stage II - Road T3 and associated
roadworks [This designated project is hereinafter referred to as “the
Project”] 沙
田 新 市 鎮 第 二 階 段 工 程 – T3
號 主 幹 道 路 及 相 關工 程 [本 指 定 工 程 項 目 下 稱「工 程 項 目」] |
|
Nature of Designated Project |
Construction
and operation of a trunk road. 建 造 及 營 辦 一 條 主 幹 路。 |
|
Location of Designated Project 指定工程項目的地點 |
The Project
is located west of Scenery Court at Sha Tin Central and east of Sha
Tin Heights. It runs North-South
through Sha Tin along the existing transport corridor of Tai Po Road
(Tai Wai & Sha Tin) and Shing Mun Tunnel Road. The location of the Project is shown
in Figures 1a and 1b
of this Environmental Permit. 本工程項目位於沙田中部的蔚景園以西及沙田嶺以東，沿大埔公路 (大 圍及沙田段)現有的運輸走廊及城門隧道公路，貫穿沙田南北。工程項目的地點載於本環境許可證圖1a及圖1b。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction &
operation of about 2kms of elevated roadworks, underpass, slip roads and associated
works at Tai Wai. The scope of
the Project include the following works : (i)
construction of
elevated roads between Lion Rock Tunnel Road and Tai Po Road at Sha Tin
Heights including slip road connections to Tai Wai; (ii)
construction of
vehicular underpass for proposed Road T3 at Sha Tin Heights; (iii)
reconstruction
and realignment of Tai Po Road (Tai Wai Section) between Mei Tin Road and
Lion Rock Tunnel Road; (iv)
construction of
a traffic gyratory system at the Mei Tin Road/Heung Fan Liu Street junction
including a two lane bridge over the Shing Mun River Channel; (v)
reconstruction
of Chung Ling Road at Tung Lo Wan; (vi)
reconstruction
of Chik Wan Street; (vii)
construction of
a two lane elevated road between Tai Po Road and Lower Shing Mun Road; and (viii)
road
improvement works for sections of Tai Po Road (Sha Tin Heights Section). 在大圍建造及營辦約2公里高架道路工程、下通道、支路及相關工程。工程項目範圍包括下述工程： (i) 在介乎獅子山隧道公路與位於沙田嶺的一段大埔公路之間建造高架道路，包括連接大圍的支路； (ii) 為擬在沙田嶺築建的T3路建造行車隧道； (iii) 重建介乎美田路與獅子山隧道公路之間的一段大埔公路 (大圍段)，並更改該段的路線； (iv) 在美田路 / 香粉寮街路口設置單程迴旋交通系統，包括建造一條跨越城門河道的雙線天橋； (v) 重建位於銅鑼灣的一段松嶺路； (vi) 重建積運街； (vii) 在介乎大埔公路與下城門道之間建造一條雙線高架道路；以及 (viii) 為大埔公路 (沙田嶺段) 部分路段進行道路改善工程。 |
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), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance
(Cap.354). This Permit does not of
itself (a) constitute any ground of defense against any proceedings instituted
under any legislation or (b) 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 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 site(s) of construction and/or operation of the Project(s)
and shall mean the same hereafter.
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(s).
1.6
The Permit Holder shall construct and operate the Project as described
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. EIA-143/BC);
the Environmental Review and other relevant documents in the Register; the
information and mitigation measures described in this Permit, and 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
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. 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 the 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 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.
1.12 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). 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 hardcopies.
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
for the Construction of the Project
2.1
An Environmental Team
(ET) shall be established by the Permit Holder no later than one month
before the commencement of construction of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at
least 7 years’ experience in environmental monitoring
and audit (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for the duties defined in the updated
Environmental Monitoring and Audit (EM&A) Manual submitted and approved
under Condition 2.3 of this Permit.
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 updated EM&A Manual. 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 information and
recommendations described in the EIA Report (Register No. EIA-143/BC) and the
Environmental Review, or this Permit.
This 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 and the Environmental Review, 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 updated 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.
The ET shall not be any way an associated body of the Independent
Environmental Checker (IEC) for the Project.
2.2
An Independent
Environmental Checker (IEC) shall be employed by the
Permit Holder no later than one month before the commencement of construction
of the Project. The IEC shall be a person who has 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 updated EM&A Manual submitted and approved under
Condition 2.3 of this Permit, and shall audit the
overall EM&A programme described in the updated EM&A Manual, 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. 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 24 hours of each and
every occurrence, change of circumstances or non-compliance with the recommendations
and information contained in the EIA report (Register No. EIA-143/BC) and the
Environmental Review, or this Permit, which might affect the monitoring or
control of adverse environmental impact.
Where the IEC fails to so notify the Director of the same, fails to
discharge the duties of the IEC as defined in the updated 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. The IEC shall
not be in any way an associated body of the Contractor or the ET for the
Project.
2.3
The Permit Holder shall update the Environmental
Monitoring and Audit (EM&A) Manual to include the latest EM&A
requirements in accordance with the information and recommendations described
in the Environmental Review. The Permit Holder shall submit 3 copies of the
updated EM&A Manual to the Director for approval no later than one month
before the commencement of construction of the Project. Before submission to the Director, the
updated EM&A Manual shall be certified by the ET Leader and verified by the
IEC as conforming to the information and recommendations described in the EIA
Report, and the Environmental Review.
All measures recommended in the updated EM&A Manual approved under
this Condition shall be fully and properly implemented in accordance with the requirements
and time schedule(s) set out in the updated EM&A Manual. The EM&A Manual approved under this
Condition shall hereinafter be referred to as the “updated EM&A Manual”.
2.4
The Permit Holder shall, within one month before the commencement
of construction of the Project, deposit with the Director 3 sets of
construction noise mitigation proposal to mitigate the construction noise
impact arising from the Project.
The proposal shall indicate the exact locations and details of the
temporary noise barriers and the arrangement of the number and type of
equipment, procedure and sequence of construction in accordance with the
recommendations specified in sections 2.3.17 - 2.3.25 of the Environmental
Review. The submission shall be
verified by the ET leader and approved by the IEC as conforming to the
information and recommendations contained in the EIA Report, and the
Environmental Review.
2.5
The Permit Holder shall, within one month after the
commencement of construction of relevant part 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.
2.6
The Permit Holder shall, within one month after the
commencement of construction of the Project, deposit with the Director 3 sets
of landscape proposal to mitigate the potential landscape and visual impacts
arising from the construction and operation of the Project. The
landscape proposal shall include an explanatory statement, design drawings and
layout plans at a scale 1 to 1000 or other scale as agreed by the Director. The
submission shall include an implementation programme with clear identification
of the responsibility for funding, implementation, management and maintenance
of the landscape and visual mitigation measures as recommended in the EIA
Report, and the Environmental Review.
The submission shall be certified by the ET leader and verified by the
IEC as conforming to the information and recommendations contained in the EIA
report, and the Environmental Review. The Permit Holder shall make available
additional copies to the Director upon his request.
3.
Measures
for Construction and Operation of the Project
3.1
To mitigate the traffic noise impact arising from the Project, the noise barriers
and enclosures shall be constructed in accordance with the details as shown
in Tables 1 to 3 and Figures
2 to 7 attached to this Permit.
Noise barriers to be fully implemented before commencement of operation
of the Project are shown in Table 1
and Figures 2 to 5 and 7. Noise barrier to be fully implemented before
commencement of occupation of planned development at Mui Lee is shown in Table
2 and Figure 6. The
noise barriers shall be continuous structures with no gap or opening except
where access road is required. The
noise barriers and enclosures shall be in place and properly maintained
during the operation of the Project.
3.2
To protect the water quality of the Upper Shing
Mun River Channel, the construction works spanning the Upper Shing Mun River
Channel shall be carried out in the dry season (from November to March).
3.3
To mitigate the construction noise impact
arising from the Project, all measures recommended in the construction noise
mitigation proposal deposited under Condition 2.4 shall be fully implemented.
3.4
All measures recommended in the landscape
proposal deposited under Condition 2.6 of this Permit shall be fully
implemented and maintained.
3.5
Absorptive panels shall be provided to all noise barriers to a height of 2.5m
above the road level, except for the locations and extent of barriers as specified
in Table 4 and Figures 8 to 13 where the absorptive
panels are replaced by transparent reflective panels.
4. Environmental
Monitoring and Audit requirements during Construction of the Project
4.1
The EM&A programme shall be implemented in accordance with the
procedures and requirements in the updated EM&A Manual approved under
Condition 2.3 of this Permit. Any changes to the EM&A programme shall be
justified by the ET leader and verified by the IEC as conforming to the
requirements as set out in the updated EM&A Manual and shall be submitted
to the Director for approval.
4.2
The Permit Holder shall take samples and
measurements in accordance with the requirements of the updated EM&A Manual
by:
a)
conducting baseline environmental monitoring on
water quality, noise and air quality as set out in the updated EM&A Manual;
and
b)
conducting impact monitoring on water quality,
noise and air quality as set out in the updated EM&A Manual.
4.3
The remedial actions described in the Event/Action Plans of the updated
EM&A Manual shall be fully and properly carried out in accordance with the
time frames set out in the Event/Action Plans, or as agreed by the Director.
4.4
Records of measurements and 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 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 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 submission shall be verified by the IEC.
Additional copies of the submission shall be made available to the Director
upon his request.
4.6
Two hard copies and one electronic 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
The Permit Holder
shall, at least six months before the operation of the Project, deposit with
the Director a monitoring plan for the purpose of verification of traffic noise
assessment, by comparing the project noise impact
predictions with the actual impacts.
The monitoring plan shall contain monitoring locations, monitoring
schedules, methodology of noise monitoring including noise measurement
procedures, traffic counts and speed checks, and methodology of comparison with
the predicted levels. Monitoring
shall be conducted in accordance with the deposited monitoring plan unless with
prior justification. Monitoring
details and results, including the comparison between the measured noise levels
and the predicted levels, shall be recorded in a report. The report shall be certified by the
Permit Holder before it is 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 landscape proposal as described in conditions 2.6 and 3.4 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 reports described in
Conditions 5.1 and 5.2 of this Permit via the EIA Ordinance Internet Website
and at the EIA Ordinance 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 4.5, 4.6, 5.1 and 5.2 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.
6.2
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 construction of the Project. All environmental monitoring data
described in Condition 6.1 above shall be made available to the public via a
dedicated web site to be set up by the Permit Holder in the shortest possible
time 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.
6.3
The internet website as described in Condition
6.2 above shall enable user-friendly public access to the monitoring and
project data including the EIA report and the environmental permit(s) and the
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 works;
(b)
searching by date;
(c)
searching by types of monitoring data (water
quality, noise and air quality); and
(d)
hyperlinks to relevant monitoring data after
searching;
or otherwise as agreed
by the Director.
Notes :
1. This Environmental
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 condition of this
Permit, the Director or his authorized officer may, with the consent of the
Secretary, 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 of 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 Environmental Permit. The Permit
Holder shall replace the original Permit displayed on the construction 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 and Food, suspend,
vary or cancel this Permit. The suspended, varied or cancelled Permit shall be
removed from the display at the construction site.
6.
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.
7.
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.
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.