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 the DEPUTY PROJECT MANAGER/MAJOR WORKS, MAJOR WORKS PROJECT MANAGEMENT OFFICE, HIGHWAYS DEPARTMENT (hereinafter referred to as 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 副 處 長 (下 稱 "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 (hereinafter referred to as 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 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 A copy of the EIA Report shall be kept in the Permit Holder's site representative's office and another copy shall be kept in the Contractor's office 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 All finalized submissions, as required under this 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.

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

1.12 The Permit Holder shall notify the Director 4 weeks prior to the commencement of the Project works.

2. Submissions or Measures before Commencement of Construction

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 overall implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EIA Report and the EM&A Manual.

2.2 The Permit Holder shall, no later than 3 weeks before the commencement of construction of the relevant sections of the Project, deposit with the Director 5 sets of 1 to 1000 scale design drawings and explanatory statements. These documents shall show the use of noise reducing highway surfacing for those sections of carriageways with posted speed limit 70kph or above, and the locations and details of the noise barriers and semi-enclosure as documented in Drawing No. PMHB642/1SK/015 attached to this Permit as Annex A. The submission shall be verified by the ET Leader and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report. Additional copies of the design drawings may be required by the Director.

2.3 The Permit Holder shall, no later than 3 weeks before commencement of the landscape works of the Project, deposit with the Director 5 sets of 1 to 1000 scale layout drawings and detailed plans showing the details of the landscape proposals of the Project. Additional copies of the layout drawings and the detailed plans may be required by the Director.

2.4 All measures detailed in the submissions shall be fully implemented. Any change to the submissions or measures shall be verified by the ET Leader and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report.

3. Measures for Construction and Operation of the Project

3.1 The noise reducing highway surfacing, noise barriers and semi-enclosure, in accordance with the deposited design drawings required under condition 2.2 above, shall be fully implemented before the Project comes into operation.

3.2 Indirect technical remedies, in the form of suitable window insulation and air conditioners to the eligible affected noise sensitive receivers, shall be fully implemented in accordance with the EIA Report before the Project comes into operation.

3.3 All mitigation measures, as described in the EIA Report, the EM&A Manual and the submissions arising from Section 2 above, shall be properly constructed and implemented. Any change to the measures shall be verified by the ET Leader and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report before implementation. The verified change(s) shall be documented in the monthly EM&A report that shall be submitted immediate after the change(s).

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 change to the programme shall be justified by the ET Leader 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 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.

4.3 The Permit Holder shall, at least six months before the operation of the project, deposit with the Director a monitoring plan for the purpose of 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. At least one monitoring location at the noise sensitive receivers protected by noise mitigation measures shall be proposed. At least three sets of measurements shall be conducted and the monitoring shall be done within the first year of operation of the project. Monitoring shall be conducted in accordance with the deposited monitoring plan unless with prior justification. Monitoring details and results, including the comparison between the measured noise levels and the predicted levels, shall be recorded in a report. The report shall be certified by the Permit Holder before it be deposited with the Director, within one month after the completion of the monitoring.

Notes:

1. This 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.