PART A (MAIN PERMIT)

A 部 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this environmental permit to the REGIONAL HIGHWAYS ENGINEER/NEW TERRITORIES, HIGHWAYS DEPARTMENT (the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions described in or attached to 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第10條的規定﹐環境保護署署長 (署長)將本環境許可證批予路政署助理署長/新界以建造及營辦B部所說明的指定工程項目﹐但須遵守C部所說明或附載的條件。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﹕-

Date
日期(Robert J.S. LAW)
Director of Environmental Protection
環境保護署署長羅樂秉

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部所提及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.

2. Submissions or Measures before Commencement of Construction

2.1 The Permit Holder shall employ an Independent Environmental Checker before the commencement of construction of the Project. The Independent Environmental Checker shall have at least 7 years experience in environmental monitoring and auditing or environmental management. The Independent Environmental Checker shall verify the overall environmental performance of the Project, including all the implementation of environmental mitigation measures, submissions relating to environmental monitoring and auditing, and any other submissions required under this permit.

2.2 An Environmental Team shall be established before the commencement of construction of the Project. The Environmental Team shall be headed by a team leader who has at least 7 years experience in environmental monitoring and auditing or environmental management.

2.3 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale design drawings showing the locations and details of the noise barriers, i.e. (i) 456m of 3m high plain barriers, (ii) 199m of 3m high inverted-L barriers with an inclined panel of 0.9m in length, and (iii) 253m of 3m inverted-L barriers with an inclined panel of 1.3m in length as stipulated in the Implementation Schedule of the Environmental Monitoring and Audit (EM&A) Manual of the EIA Report before the commencement of construction of the relevant sections of the Project. Before submission, the design drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA Report. Additional copies of the design drawings may be required by the Director. The design of the noise barriers shall also follow the attached Figures No. 2.10 and 2.11 of the EIA Report and incorporating the following features into the design :-

1. variety in the height in the panel sections of the barriers with a staggered upper and lower line;

2. variety in the widths of the panel sections interchanged in sequence;

3. variety in the size of the solid and clear vision panels to reduce the uniformity of the appearance; and

4. ribbed finish to the solid panels, in alternating directions, in a range of four colors to blend in with the color tones and textures of the surrounding roadside landscape and mitigation planting proposals.

The noise barriers shall then be constructed in accordance with the information and recommendations contained in the EIA Report and the design drawings.

2.4 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the following landscape and visual mitigation measures before the commencement of construction of the relevant sections of the Project. Before submission, the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA Report. Additional copies of the layout drawings may be required by the Director.

1. the alignments and configurations of all new carriageways, drainage channels and footpaths to be refined to minimize potential visual and landscape impacts;

2. the light shield/recessed flat light to be adopted on street lighting system along the carriageways;

3. the bridge decks, abutments, pedestrian underpasses, retaining walls, noise barriers, and the hard landscaping of pedestrian areas adjacent to the carriageways to be architecturally treated;

4. the engineered slopes to be trimmed to blend into adjacent natural slope profiles.

2.5 The Permit Holder shall conduct a survey of the Project site area to determine and map the distribution and abundance of the existing vegetation types, to locate trees and other vegetation which should be retained, transplanted or replanted. The Permit Holder shall submit for the approval of the Director the survey report and 3 sets of 1 to 1000 scale layout drawings, showing existing vegetation to be retained and methods of protecting those vegetations from being damaged by any construction activities, the areas to be revegetated and planted within the Project site area, and the programme for their implementation before the commencement of construction of the relevant sections of the Project. Before submission, the survey report and the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. Additional copies of the survey report and the layout drawings may be required by the Director.

2.6 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the Woodland Mix (including Endospermum chinense in the compensating replanting) to be planted to all cut and embankment slopes and to other open areas within the Project site area; additional trees to be planted alongside the new carriageways and along the existing roads within the Project site area; as well as ornamental shrub to be planted in pedestrian areas before the commencement of construction of the Project. Before submission, the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. Additional copies of the layout drawings may be required by the Director.

2.7 3 sets of 1 to 1000 scale layout drawings showing the oil/grit separators to be used during the operational phase shall be deposited with the Director before the commencement of construction of the Project. Before submission, the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA Report. Additional copies of the layout drawings may be required by the Director.

2.8 All deposited submissions as arising from Conditions 2.3, 2.4, 2.6 and 2.7 above 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.

2.9 All noise, landscape, visual, ecological and water quality mitigation measures contained in the approved or deposited submissions as arising from Conditions 2.3, 2.4, 2.5, 2.6 and 2.7 above shall be fully implemented.

2.10 All finalised submissions, as required by this part of the permit, shall be released to the public if requested by the Director, 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 submissions.

3. Submissions or Measures during the Construction Period

3.1 3 sets of 1 to 1000 scale layout plans showing the noise mitigation measures to be adopted during construction in relevant sections of the Project shall be deposited with the Director before the commencement of the construction of the corresponding sections of the Project. Before submission, the layout plans shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in section 2.6.1 of the EIA report. Additional copies of the layout plans may be required by the Director.

3.2 A desilting facility to prevent debris settlement in the existing streams and channels shall be provided.

3.3 Foul water effluent shall be directed to a foul sewer or to a sewage treatment facility.

3.4 All design and construction mitigation measures described in the submissions approved or deposited under Section 2 above and Condition 3.1 above shall be properly constructed and implemented. Any changes to the measures shall be verified by the Independent Environmental Checker as complying with the environmental performance requirements contained in the EIA Report before implementation. The verified changes shall be documented in the immediately following monthly EM&A report.

3.5 All finalised submissions, as required by this part of the permit, shall be released to the public if requested by the Director, 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 submissions.

4. Environmental Monitoring and Audit

4.1 The EM&A programme shall be implemented as set out in the EM&A Manual of the EIA Report. Any changes to the programme shall be justified by the Independent Environmental Checker as conforming to the requirements set out in the EM&A Manual of the EIA Report before submission to the Director for approval.

4.2 Samples and measurements for noise, air quality and landscape and replanting works monitoring shall be taken in accordance with the requirements of the EM&A Manual of the EIA Report by :

1. conducting baseline noise and air quality monitoring at the specified locations and frequencies;

2. conducting impact monitoring on noise and air quality at the specified locations and frequencies;

3. conducting monitoring on landscape and replanting works in accordance with sections 4 and 5 of the EM&A Manual of the EIA Report;

4. in cases where specified criteria in the EM&A Manual are exceeded, carrying out remedial actions in accordance with the Event/Action Plan, as set out in the EM&A Manual; and

5. logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the EM&A Reports and to make available the information for inspection on site.

4.3 5 copies of the Baseline Monitoring Report verified by the Independent Environmental Checker shall be submitted to the Director before the commencement of any major construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.

4.4 5 copies of monthly EM&A Report verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days from the end of the reporting month. Additional copies of the monthly EM&A Report may be required by the Director.

4.5 The submitted reports as required in Conditions 4.3 and 4.4 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.

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

4.7 All finalised submissions, as required under this part of the permit, shall be released 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 submissions.

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).

2. The permit holder may apply under section 13 of 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.

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 with the consent of the Secretary for Planning, Environment and Lands, may suspend, vary of cancel this environmental permit. The permit shall be removed from the display on the construction site.

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

Environmental Permit No. EP-005/1998