ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10
環 境 影 響 評 估 條 例
(第 499章 )
第 10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

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 CARLYLE INTERNATIONAL LIMITED (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 CARLYLE INTERNATIONAL LIMITED (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 (the Permit):

下 列 為 本 環 境 許 可 證 (下 稱 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 as well as EIA Report (Register No. AEIAR-009/1999) and EM&A Manual (Register No. EP-032/1999) 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 and 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. (Register No. AEIAR-009/1999).

1.8 All deposited submissions, as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within 1 month of the receipt of the Director's comments or otherwise as specified by the Director.

1.9 The Permit Holder shall release all finalized submissions, as required under this Permit, 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.

1.10 The Permit Holder shall notify the Director 4 weeks prior to the commencement and the completion of the construction of the project works described in Part B of this Permit.

2. Submissions or Measures before Commencement of Relevant Construction Works

2.1 An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET 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 ET leader shall be responsible for the implementation 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 employ an Independent Environmental Checker (IEC) before the commencement of construction of the Project described in Part B of this Permit. The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission required under this Permit.

2.3 The Permit Holder shall deposit with the Director, 3 copies of the following design submissions and related plans, of scale 1 in 500 or other reasonable scale, showing the scope, locations and timing of the construction works and mitigation measures to be carried out before the commencement of the associated construction works:

(a) Design of noise barriers for the associated roads to be submitted at least 1 month before the commencement of the related roadworks;

(b) Design of Sewage Treatment Works (STW), including deodorization units and Sewage submarine outfall to be submitted at least 1 month before the commencement of their constructions;

(c) Design of stream alignments to be submitted at least 1 month before the commencement of the stream re-alignment works;

(d) Design of the proposed phasing for removal of woodland to be submitted at least 1 month before the commencement of the associated roadworks;

(e) Design of silt curtains for protecting the affected seawater intakes to be submitted at least 1 month before the commencement of the dredging works for the submarine outfall;and

(f) Design of the landscaping plan to be submitted at least 1 month before the commencement of the landscape works.

The submissions shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report. All measures recommended in the design submissions and plans deposited with the Director shall be fully implemented.

3. Submissions or Measures during Construction

3.1 All designs and measures described in the submissions deposited under condition 2.3, shall be fully implemented.

3.2 The mitigation measures in Appendix 1 shall be carried out to protect the uses of the Waterfall Bay Golf Centre, if the Golf Centre is allowed to extend its operation until 31 March 2000.

3.3 No rock blasting shall be carried out on site.

3.4 The proposed jetties shall be constructed on piles.

3.5 An area of at least 600 sq. m. shall be reserved as shown in Fig. 1 for the Strategic Sewage Disposal Scheme Stage III/IV (SSDS III/IV).

3.6 The types and quantities of equipment to be used on site shall be restricted in accordance with the requirements set out in Appendix 2.

3.7 A 3m tall noise barrier, which can form part of the hoarding, shall be erected as shown in Fig. 2 before the commencement of the construction works at Phase CIII.

3.8 Acoustic barriers shall be placed to shield the noisy plants from the Pok Fu Lam Training Centre, Lui Ming Choi Secondary School as well as Pui Ying Secondary School, during examination periods. The barrier shall be placed as close to the noisy plants as possible, and the material shall have a minimum surface mass of 7 kg/sq.m. The length of the barrier shall be at least five times its height, and the height shall be such that no part of the noisy plants is visible from the noise sensitive receivers being protected.

3.9 During the dredging at the location of the future submarine outfall, silt curtains in compliance with the relevant submission required by the Director as specified in condition 2.3 of this Permit, shall be provided at all of the affected seawater intakes in operation at the time of dredging. Closed grab dredging techniques shall be used.

3.10 The new streamcourses shall be constructed prior to the release of stream water flow and filling in of old streamcourse..

3.11 The Southern Stream shall be realigned as shown in Fig. 1 prior to the constructon of the Southern Access road.

3.12 Flow in the Southern Stream shall be diverted after completion of new channels.

3.13 The boundary of the woodland shall be separated by hoarding from the construction site. No lighting of fire shall be allowed within the site.

3.14 The residential buildings shall be constructed in accordance with the Master Layout Plan as shown in Fig. 3. Written agreement shall be sought from the Director on any changes to the Master Layout Plan that would affect the conclusions and recommendations of the approved EIA report, and shall demonstrate that the same environmental performance requirements in the approved EIA can be met by equivalent or additional measures. Such information shall be made available to the public, as directed by the Director.

3.15 Any changes to the measures in Section 3 of this Part of the Permit shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the monthly EM&A report to be submitted within 10 working days of the end of each reporting month, with the first report due in the month after construction commences.

4. Submissions or Measures before Operation

4.1 All designs and measures described in the submissions deposited under condition 2.3 above, shall be fully implemented.

4.2 Before the operation of the associated roads (including Roads D1 and D2 together with the Southern Access Road), the following noise barriers shall be provided as shown in Figure 3 attached and in compliance with the relevant submission required by the Director as specified in condition 2.3 of this Permit :

(a) 2 sections of cantilevered barrier (5.5m high, with 3.5m cantilever inclined at 45 degrees) of a total of 130m long, to be erected adjacent to Phase RIII high-rise residential buildings and along the verge of the Southern Access Road;

(b) A cantilevered barrier (5.5m high, with 3.5m cantilever inclined at 45 degrees) of 400m long, to be erected adjacent to Phase RV high-rise residential buildings and along the verge of the Southern Access Road;

(c) 2 sections of cantilevered barrier (5.5m high, with 2.5m cantilever inclined at 30 degrees) of a total of 345m long, to be erected adjacent to Phases RI and RII high-rise residential buildings and along the verge of Road D1; and

(d) A 4.5m high plain barrier of 110m long, to be erected adjacent to Phase CII houses and at the verge of Road D2.

4.3 Low noise road surfacing on part of Road D1 shall be provided as shown in Figure 3.

4.4 Window insulations and air conditioning shall be re-provided for S.K.H. Lui Ming Choi Secondary School in accordance with the findings of a detailed Noise Insulation Work Study to be submitted and agreed with the Director.

4.5 Window insulations and air conditioning shall be provided for Precious Blood Primary School and Tsui Chin Tong School for Handicap in accordance with the findings of a detailed Noise Insulation Work Study to be submitted and agreed with the Director.

4.6 The residential buildings shall be constructed in accordance with the Master Layout Plan as shown in Fig. 3. Written agreement shall be sought from the Director on any changes to the Master Layout Plan that would affect the conclusions and recommendations of the approved EIA report, and shall demonstrate that the same environmental performance requirements in the approved EIA can be met by equivalent or additional measures. Such information shall be made available to the public, as directed by the Director.

4.7 Before any population intake at the Cyberport development, a package secondary sewage treatment plant, capable of handling the daily effluent flow from the initial development population until end 2002, shall be provided and be properly maintained at all times.

4.8 A Sewage Treatment Works (STW) shall be constructed and be commissioned before end 2002. This STW shall include preliminary treatment (i.e. consisting of coarse and fine screens and a detritor for the removal of grit), chemically enhanced primary treatment, disinfection process and a 300m long submarine sewage outfall; and be capable of handling sewage generated from the proposed Cyberport development together with that from Baguio Villa, Kong Sin Wan Village and any other developments within the Telegraph Bay sewerage catchment

4.9 Compensatory planting of at least 2.2 ha shall be carried out as outlined in Appendix 3.

4.10 At least six months before the operation of the associated roads, the Permit Holder shall deposit a monitoring plan with the Director for assessing the accuracy of traffic noise predictions 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. The plan shall be verified by the IEC and approved by the Engineer.

4.11 Fences shall be erected and dust tolerant species shall be introduced along the roadside between the woodland and the developed area to protect the remaining woodland and stream habitats.

4.12 Any changes to the measures in Section 4 of this Part of the Permit shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the monthly EM&A report to be submitted within 10 working days of the end of each reporting month, with the first report due in the month after construction commences.

5. Submissions or Measures during Operation

5.1 All designs and operational measures described in the submisions approved, or deposited under Sections 2, 3 and 4 above, shall be fully implemented.

5.2 The Permit Holder shall deposit a noise monitoring report to the Director. The monitoring shall be carried out within the first year of operation of the associated roads in accordance with monitoring plan required under condition 4.10 unless with prior justification. At least three sets of measurements shall be conducted at each monitoring location. Monitoring details and results, including the comparison between the measured noise levels and the predicted levels, shall be recorded in a report, to be verified by the IEC, and approved by the Engineer, before it be deposited with the Director within one month of completion of the monitoring.

6. Environmental Monitoring and Auditing Requirements

6.1 The EM&A programme as set out in the EM&A Manual shall be implemented. Any changes to the programme shall be justified by the IEC and be approved by the Engineer as conforming to the requirements set out in the EM&A Manual before submission to the Director for approval.

6.2 Samples and measurements for noise, air quality and water quality monitoring shall be taken in accordance with the requirements of the EM&A Manual by :

(a) conducting baseline noise, air quality and water quality monitoring at specified locations and frequencies;

(b) conducting impact monitoring on noise, air quality and water quality at specified locations and frequencies;

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

(d) logging and keeping detailed records of (a) and (b) above, within 3 working days after collection of data or completion of remedial action, for the preparation and submission of the EM&A Reports and to make available the information for inspection on site.

6.3 5 copies of Baseline Monitoring Report, verified by the ICE, shall be submitted to the Director before the commencement of any major construction works that would affect the impact monitoring results (as required in Section 4.2(b) of this Part of the Permit). Additional copies of the Baseline Monitoring Report may be required by the Director.

6.4 5 copies of monthly EM&A Report, verified by the ICE, shall be submitted to the Director, within 10 working days after the last day of each reporting month, or by other means as specified by the Director. Additional copies of the monthly EM&A Report may be required in a form and means specified by the Director.

6.5 5 copies of Quarterly EM&A Report, verified by the ICE, shall be submitted to the Director, within 10 working days after the last day of each reporting quarter, or by other means as specified by the Director. Additional copies of the Quarterly EM&A Report may be required by the Director.

6.6 5 copies of Final EM&A Report, verified by the ICE, shall be submitted to the Director within 20 working days, after the last day of construction work, or by other means as specified by the Director. Additional copies of the Final EM&A Report may be required by the Director.

6.7 The submitted reports, 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 specified by the Director.

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

6.9 The measures described in the EM&A Manual and monthly EM&A report shall be implemented.

Remarks:

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 display the new version of the Permit on the construction site.

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. The Permit Holder shall display the new version of the Permit on the construction site.

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 Permit. The Permit shall then be removed from display on the construction site.

5. If this Permit is cancelled or surrendered during the construction or operation of the Project, another 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 a valid Environmental Permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.