Environmental Permit No. EP-025/1999

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this 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 and the Water Quality Monitoring and Audit Programme available at all times for inspection by the Director at all 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 and the Water Quality Monitoring and Audit Programme at the construction site(s) or at the nearest convenient location(s) for public's 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 shall also be displayed at the same location(s) as the original permit.

1.6 The Permit Holder shall pursue the work in accordance with the project descriptions in Part B of this permit and the details in the Project Profile.

1.7 All finalized 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 submission.

2. Submissions before Commencement of Construction

2.1 An Environmental Specialist (ES) shall be employed before the commencement of construction of relevant works of the Project and shall not be in any way an associated company of the Contractor. The ES shall have at least 7 years experience in environmental monitoring and auditing or environmental management. The ES shall be responsible for the implementation of the Water Quality Monitoring and Audit Programme attached to the Application No.: AEP-025/1999 dated 4.5.99 including the implementation of water quality mitigation measures, water quality monitoring and auditing, reporting and site environmental audit.

2.2 The Permit Holder shall, not later than 2 weeks before commencement of dredging at the site, submit details on silt curtains to be used, including dimensions, exact locations and method of installation and removal, to the Director for approval.

3. Specific Conditions

3.1 No construction work in relation to the Project shall occur outside the designated site boundary as shown in Drawing No.1.

3.2 The requirements including the mitigation measures specified in the approved Water Quality Monitoring and Audit programme shall fully be complied with . Any proposed changes to the programme shall be justified by the ES and agreed by the Director before implementation

3.3 The Permit Holder shall install the silt curtain(s) in accordance with the specifications agreed by the Director and ensure the silt curtains installed at the designated site function effectively during dredging and marine construction works.

3.4 A closed grab shall be used for all dredging operations.

3.5 There shall be no more than one closed grab dredger working at the same time for the dredging operation within the designated site boundary.

3.6 In cases where specified criteria in the Water Quality Monitoring and Audit programme are exceeded, remedial actions in accordance with the Event/Action Plan, as set out in the programme shall be carried out.

3.7 Six copies of the monthly EM&A Reports and quarterly EM&A Summary Reports verified by the ES shall be submitted to the Director within 10 working days from the end of the reporting period or by other means as specified by the Director. Additional copies of the monthly and quarterly reports shall be provided if required by the Director.

3.8 The submitted report as required in this part of the permit shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise as specified 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.

Environmental Permit No. EP-025/1999