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 Housing 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 房 屋 署 (許 可 證 持 有 人 )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 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 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 Copies of the EIA Report and the approved Environmental Monitoring and Audit (EM&A) Manual shall be kept in the Resident Engineer's office and the Contractor's office(s) on site for reference.

1.7 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this permit.

1.8 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.

1.9 All deposited submissions as required under this Permit, 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.

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 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 the submissions.

1.11 Amendments to submissions required under this Permit shall be approved by the Director and deposited with the Environmental Impact Assessment Ordinance Register Office or any other places as specified by the Director as required by the respective condition.

1.12 The Permit Holder shall notify the Director 2 weeks prior to the commencement of the Project works.

2. Submissions or Measures before Commencement of Construction

2.1 Before commencement of construction of the Project, the Permit Holder shall deposit with the Director a copy of the "Tseung Kwan O Area 74 South Development Traffic Noise Impact Assessment" submitted as part of the application (Application No. AEP 035/1999).

2.2 Before commencement of construction of the Project, the Permit Holder shall submit for approval of the Director 5 copies of the EM&A Manual. The EM&A Manual shall conform to the EM&A requirements as set out in section 10 of the EIA Report and Annex 21 of the Technical Memorandum on EIA Process.

2.3 Before commencement of construction of the Project, the Permit Holder shall employ an Independent Environmental Checker (IEC) who shall have at least 7 years experience in EM&A or environmental management. The IEC shall be responsible for checking the compliance of the overall EM&A programme including the implementation of all environmental mitigation measures, EM&A related submissions, and any other submissions required under this Permit.

2.4 Before commencement of construction of the Project, the Permit Holder shall ensure an Environmental Team (ET) be established in accordance with the requirements as set out in the approved EM&A Manual. The ET shall be responsible for the overall implementation of the EM&A programme in accordance with the approved EM&A Manual.

2.5 Two months before commencement of the landscape works of the project, the Permit Holder shall deposit with the Director 5 sets of landscape plan which shall include an explanatory statement and drawings in 1:1000 scale or other appropriate scale outlining the landscape mitigation measures. The landscape plan shall have been verified by the ICE as conforming to the requirements as set out in section 8 of the EIA Report before deposit.

3. Submissions or Measures before Commencement of Operation

3.1 Before commencement of operation of the project and population intake of the residential development in Tseunng Kwan O Area 74 South, the Permit Holder shall have provided the roadside noise barriers along the relevant sections of Road D8 and the at-grade section of Road D4 as recommended by the EIA Report unless the residential development in Tseung Kwan O Area 74 South has been provided with a 13.4m high podium with a 3m high noise barrier with 3m cantilever at the edge of the podium along Road D8 and the 40m setback distance from Road D4 as shown on figure 3.1 & SK1. For this purpose, the Permit Holder shall deposit with the Director 3 copies of audit report which shall have been verified by the IEC certifying that the satisfactory completion of the above-mentioned noise mitigation measures.

3.2 Before commencement of operation of the Project, the Permit Holder shall have provided landscape mitigation measures in accordance with the landscape plan as deposited in Condition 2.4 above. For this purpose, the Permit Holder shall deposit with the Director 3 copies of audit report which shall have been verified by the IEC certifying that the satisfactory completion of the landscape mitigation measures.

4. Environmental Monitoring and Audit

4.1 The EM&A programme shall be implemented as set out in the approved EM&A Manual. Any changes to the EM&A programme shall be justified by the ICE before submission to the Director for approval.

4.2 3 copies of the Baseline Monitoring Report verified by the IEC 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.

4.3 3 copies of monthly EM&A Report verified by the IEC 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.

4.4 The submitted reports as required in Conditions 4.2 and 4.3 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.

4.5 The actions described in the Event/Action Plans of the approved 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.

4.6 At least six months before the operation of the project, the Permit Holder shall deposit with the Director a monitoring plan for traffic noise. The monitoring plan shall be prepared in accordance with the guidance as stipulated in Annex I of this Permit. Monitoring shall be conducted in accordance with the deposited monitoring plan unless with prior justification and agreement with the Director and the monitoring results shall be reported to the Director within one month of the completion of the monitoring. The monitoring results shall be verified by the Permit Holder before depositing with the Director, and shall be made available to the public, as directed 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.

Annex I - Guidance for preparing Monitoring Plan for Traffic Noise