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 EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to THE NEW TERRITORIES EAST DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions specified in 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 拓 展 署 新 界 東 拓 展 處 (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 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 述 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 EIAO and may become subject of appropriate action being taken under the Ordinance.

1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force such as the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and others. This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection at all sites / offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.

1.5 The Permit Holder shall display a copy of this Permit on the construction site at the entrances /exits or at a convenient location for public's information at all times. The Permit Holder shall ensure that the most updated information about the environmental 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 locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from the display at the construction site.

1.6 The Project shall be constructed and operated as described in Part B of this Permit.

1.7 The Project shall be designed, constructed and operated in accordance with the information and all recommended mitigation measures in the EIA Report (Register No. EIA-137/BC) and the information contained in the application (ref. no. AEP 057/2000), or mitigation measures to be submitted or deposited with the Director as a result of the Permit conditions or on going surveillance and monitoring measures during all stages of the Project referred to, by incorporation or otherwise, in the Permit and documents in the Register. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

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 one month of the receipt of the Director's comments, unless otherwise specified by the Director.

1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the Permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499). All submissions or variations of the submissions shall be verified and certified by the Environmental Team (ET) Leader referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.

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 in any other places, or any internet websites as specified by the Director, 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 The Permit Holder shall notify the Director the commencement date of construction of the Project at least 2 weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.

1.12 All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office (currently at 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

2. Submissions or Measures before or after Commencement of Construction of the Project or Certain Sections of the Project

2.1 An ET shall be established before commencement of construction. The ET Leader shall be responsible for the implementation of the environmental monitoring and audit (EM&A) programme in accordance with the EM&A requirements as contained in the approved EM&A Manual and the information contained in the application (ref no. AEP-057/2000).

2.2 The Permit Holder shall employ an ET before the commencement of construction of the Project. The ET Leader shall have at least 7 years experience in EM&A or environmental management. The ET Leader shall be responsible for duties defined in the approved EM&A Manual, and 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. In addition, the ET Leader shall be responsible for verifying and certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.3 No less than 5 ha landscaped area within the site boundary shall be designed and planted with trees for the loss of trees arising from the Project. No more than 2 months after commencement of construction of the Project, the Permit Holder shall deposit to the Director three sets of landscape and tree felling plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director. The drawings shall show the detailed landscape and tree felling proposals during the construction and operation stages of the Project, and shall include an implementation programme of landscape and tree felling works. The submission shall be verified and certified by the ET Leader as conforming to the information and recommendations contained in the EIA Report and information contained the application (ref. no. AEP-057/2000). Additional copies may be required by the Director. All measures recommended in the approved landscape and tree felling plan(s) shall be fully implemented in accordance with the details and time schedule set out in the submission.

2.4 Three sets of Waste Management Plan for the construction stage of the Project shall be deposit to the Director within 2 months after the commencement of the construction of the Project. The Plan shall be certified by the ET Leader and verified by the ET Leader as conforming to the information and recommendations contained in the EIA Report. The Plan shall describe the arrangement for avoidance, reuse, recovery ad recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in Chapter 6 of the EIA Report. Such a management plan shall include the designation of areas for segragation and temporary storage of reusable and recyclable materials and disposal location of different categories of wastes. All measures in the approved Water Management Plan shall be fully implemented throughout the construction period.

2.5 To minimize the visual intrusion arising from the noise barriers and enclosures, three sets of drawings showing detailed arrangements of the barriers and enclosures shall be deposited with the Director within 2 months after the commencement of the construction of the Project.

3. Submissions or Measures during the Construction Period

3.1 The Permit Holder shall design, construct and operate the project in accordance with the road alignment shown in Figure 1 attached to this Permit. Details of the road alignment shall be referred to Figure 2.4 submitted as part of the application (ref. no. AEP-057/2000).

3.2 All designs and measures described in the deposited submissions under Conditions 2.3, 2.4 and 2.5 shall be fully implemented.

3.3 To mitigate the traffic noise impact arising from the Project, the noise barriers and enclosures shall be constructed as shown in Figure 1, Figure 2 and Table 1 attached to this Permit and in accordance with the submission under Condition 2.5, prior to the operation of the Project. Details of the refinements shall be referred to Figures 2.4, 2.5 and Table 5.1 submitted as part of the application (ref. no. AEP-057/2000)).

3.4 To mitigate water quality impact arising from site run-off and dredging, measures described in Appendix A shall be fully implemented throughout the construction period.

3.5 To mitigate noise impacts arising from construction activities, measures described in Appendix B shall be fully implemented throughout the construction period.

3.6 To protect the woodland along the hillside of the Project, no construction activities shall be carried out beyond the site boundary as shown in Figure 1.

3.7 To prevent flying rocks and reduce fugitive dust generation; wire mesh, gunny sack and sandbags shall be used on top of the blast area on each shot.

3.8 To reduce the dust impact arising from blasting activities, the blast area shall be watered in order to increase the moisture content.

3.9 To contain dust debris arising from the tunneling works, dust filters shall be placed around the portals and a blast door shall be fitted at the portals.

3.10 Any change to environmental mitigation measures shall be verified and certified by the ET Leader as conforming to the information and recommendations in the EIA Report and the information contained in the application (ref. no. AEP-057/2000) before implementation. The verified and certified changes shall be documented in the immediately following monthly EM&A report required under the approved EM&A Manual.

4. Submissions or Measures during the Operation of the Project

4.1 Measures described in Condition 3.3 above shall be in place and maintained during the operation of the Project.

4.2 To collect and discharge road runoff, a stormwater drainage system shall be designed and implemented on site.

4.3 Before the stormwater is diverted to the stormwater drainage system, oil and grit interceptors shall be incorporated in area where spills may occur.

4.4 Contents in oil interceptors shall be removed to an appropriate disposal facility on a regular basis.

4.5 To remove suspended solid from run-off, silt traps or sedimentation tanks shall be designed and installed and regularly maintained.

5. Environmental Monitoring and Audit

5.1 The EM&A programme shall be implemented as set out in the EM&A Manual and information contained in the application (ref. no. AEP-057/2000). Any change to the programme shall be justified by the ET Leader as conforming to the requirements set out in the EM&A Manual and information contained in the application (re. no. AEP-057/2000) before submission to the Director for approval.

5.2 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.

5.3 The Permit Holder shall, at least 6 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 is deposited with the Director, within one month after the completion of the monitoring.

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). Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.

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 may with the consent of the Secretary for Environment and Food, 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 listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who constructs or operates the designated project contrary to the conditions in this Permit, and is convicted of an offence under the Ordinance, is liable-

7. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.

Appendix A

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

(a) Surface Runoff