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 MAJOR WORKS PROJECT MANAGEMENT OFFICE, 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(主要工程管理處) 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﹕-

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.

1.3 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.

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 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 recommendations contained in the EIA Report.

2. Submissions or Measures before Commencement of Construction

2.1 An Environmental Team shall be established before the commencement of construction of the Project and shall not be in any way an associated body of the Contractor. The Environmental Team shall be headed by a team leader who has at least 7 years experience in environmental monitoring and auditing (EM&A) or environmental management. The Environmental Team Leader shall be responsible for the overall implementation and management 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 deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the details of the landscape and visual mitigation measures as recommended in Figure 10.11 of the EIA Report; and detailed plans showing the retention of vegetation, screen planting, re-vegetation of disturbed land and re-provisioning of amenity area/open space, and a management and maintenance schedule of the landscape areas to be managed, verified by the Engineer as conforming to the recommendations contained in Section 10.8 of the EIA Report. Additional copies of the layout drawings and the detailed plans may be required by the Director.

2.3 All deposited submissions as arising from Condition 2.2 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.

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. Measures for Construction and Operation of the Project

3.1 The noise barriers shall be constructed in accordance with Figures No. 1 to 12 of the Environmental Permit Application (AEP 009/1998). The noise barriers shall be continuous structures with no gap or opening except where access roads are required.

3.2 If the Project comes into operation before the relocation of the Marine Science Laboratory, split-type air conditioners with no air intakes at the road facades shall be provided at the Marine Science Laboratory.

3.3 Tidal flushing of the Tai Hang Bridge estuary shall not be hindered at any time during construction.

3.4 Bamboo shall be planted at the abandoned paddy near Tai Hang Bridge as recommended in Section 7.4 of the EIA Report.

3.5 Three rock clusters shall be constructed in accordance with the information contained in the Environmental Permit Application (AEP 009/1998).

3.6 Native trees which are lost due to construction shall be replanted.

3.7 Native species shall be used for re-vegetation.

3.8 Closed grab dredgers with silt screen around the immediate grabbing area shall be used for all dredging work. Dredging rate shall not be greater than 4,000 m³/day.

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

3.10 All design and construction mitigation measures described in the submissions approved or deposited under Section 2 above shall be properly constructed and implemented. Any changes to the measures shall be verified by the Engineer 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.

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 Environmental Team 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 water quality monitoring shall be taken in accordance with the requirements of the EM&A Manual of the EIA Report by :

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

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

3. 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

4. logging and keeping records of the details of (a) and (b) 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 Environmental Team 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 Environmental Team shall be submitted to the Director within 10 working days from the end of the reporting month or by other means as specified by the Director. 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 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-009/1998