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 Civil Engineering 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 土 木 工 程 署 (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 列 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 including without limitation the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation.

1.3 The noise due to firework displays within the Theme Park shall be controlled under the Noise Control Ordinance.

1.4 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 by the Director or his authorized officers 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.

1.5 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.

1.6 The Permit Holder shall display a copy of this Permit on the construction site at all vehicular site 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 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 locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

1.7 The Permit Holder shall construct and operate the Project as described 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 described in the EIA Report (Register No. AEIAR-032/2000); other relevant documents in the Register; and the information or mitigation measures described in this Permit, or mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, or mitigation measures to be recommended under on going surveillance and monitoring activities during all stages of the Project. 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.

1.9 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 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 EIAO.

1.11 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.

1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month before the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.13 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

2. Submissions or Measures for the Construction of the Project

2.1 An Independent Environmental Checker (IEC) shall be employed no later than one month before the commencement of construction of the Project. The IEC shall have at least 7 years' experience in environmental monitoring and audit (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 submissions required under this Permit. In addition, the IEC shall be responsible for verifying and certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.2 An Environmental Team (ET) shall be established no later than one month before the commencement of construction of the Project. The ET shall be supervised by the ET Leader who has at least 7 years' experience in 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 approved EM&A Manual submitted and approved under Condition 2.3 of this Permit.

2.3 No later than two weeks before commencement of the construction of the Project, the Permit Holder shall submit for the Director's approval an Environmental Monitoring and Audit (EM&A) Manual for the construction of the Project. Before the submission to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. All measures recommended in the EM&A Manual shall be fully and properly implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved under this condition shall hereinafter be referred to as the "EM&A Manual".

2.4 Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval within 4 weeks after the commencement of construction of the Project. The Plan shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The Plan shall describe the arrangements for avoidance, reuse, recovery and 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 construction waste management in Section 6.7 and Section 16 of the EIA Report. Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials. All measures in the approved Waste Management Plan shall be fully implemented throughout the construction period.

2.5 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Measures to Mitigate Water Quality and Marine Ecological Impacts during Construction

2.6 To minimize the risk of emergency discharge of untreated effluent, the rising mains, if any, of the sewerage system for the Project shall be designed and built with a backup system as described in Section 5.11.18 to Section 5.11.21 of the EIA report. Design drawings of the sewerage system design shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report and deposited with the Director within 12 months after commencement of construction of the Project. Three sets of the as-built drawings of the sewerage system shall be deposited with the Director within 3 months after the completion of the sewerage works.

2.7 All fuel tanks and chemical storage areas within the Project shall be provided with locks and be sited on sealed areas. The storage areas shall be sheltered from rain water and surrounded by bunds with a minimum capacity of 110% of the storage capacity of the largest tank to prevent spilled oil, fuel and chemicals from reaching the receiving waters. Guidelines and procedures shall be prepared and implemented for immediate clean-up actions following any spillages of oil, fuel or chemicals, and shall be certified by the IEC and deposited with the Director within 2 months after the commencement of construction.

2.8 No underwater blasting shall be allowed.

2.9 No underwater percussive piling shall be allowed.

2.10 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Appendix A shall be implemented throughout the construction period.

Measures to Mitigate Terrestrial Ecological Impacts during Construction

2.11 To avoid disturbance to the White-bellied Sea Eagles at Pa Tau Kwu, quiet plant as described in Section 4.6.6 of the EIA report shall be adopted for any construction activities within areas as shown in Figure 2 attached to this Permit.

2.12 No construction activities, including transportation of equipment, shall be allowed at Pa Tau Kwu headland as shown in Figure 2 attached to this Permit.

2.13 Natural coastline along the western side of the Western Drainage Channel as shown in Figure 2 attached to this Permit shall be protected and preserved at all time during construction. No discharges of surface run-off or any effluent or disposal of any construction materials shall be allowed into the Western Drainage Channel. No construction activity shall be carried out in the immediate vicinity of the coastline along the western side of the Western Drainage Channel.

Other Measures during Construction

2.14 To reduce the quantity of construction and demolition wastes, wood hoarding shall not be used.

2.15 No part of any fender of any ferry pier shall be made of wood.

2.16 The speed of construction ferries and vessels shall not exceed 10 knots when passing through an area within 500 metres from the reclamation limit as shown in Figure 3 attached to this Permit.

2.17 All mitigation measures as described in the EM&A Manual and the submissions required under this Permit, shall be properly constructed and implemented.

3. Submissions or Measures for the Operation of the Project

3.1 Before the operation of the Project, the Permit Holder shall carry out trial firework displays and associated air quality and noise monitoring. The details of the trial and monitoring programme shall be submitted to the Director for agreement at least one month prior to the trial fireworks displays. The results of the trial fireworks displays shall be submitted to the Director for agreement prior to the operation of the Project. The results of the trial tests and associated air quality data shall be provided to the Advisory Council on the Environment for consultation, as directed by the Director.

3.2 No later than one month before the operation of the Project, the Permit Holder shall submit for the Director's approval an Operational Environmental Monitoring and Audit (EM&A) Plan for the operation of the Project. Before the submission to the Director, the EM&A Plan shall be certified by the IEC as conforming to the information and recommendations contained in the EIA Report. All measures recommended in the EM&A Plan shall be fully and properly implemented in accordance with the requirements and time schedule(s) set out in the EM&A Plan. The Operational Environmental Monitoring and Audit Plan approved under this condition shall hereinafter be referred to as the "EM&A Plan".

3.3 Air quality and noise monitoring on fireworks displays, including monitoring stations to be located at Discovery Bay and Peng Chau and to be agreed with by the Director, shall be conducted during the operation of the Project. On the basis of such findings, mitigation measures, if needed, shall be implemented to the satisfaction of the Director. The details of the monitoring shall be included in the EM&A Plan.

3.4 Monitoring of the White-bellied Sea Eagles at Pa Tau Kwu shall be carried out during the first two years of the operational phase of the Theme Park. The details of the monitoring shall be included in the EM&A Plan.

Measures to Mitigate Air Quality Impacts during Operation

3.5 Pyrotechnics or fireworks that contain chromium, lead, mercury, arsenic, manganese, nickel or zinc shall not be used for any display in the theme park.

3.6 Before the operation of the Project, the Permit Holder shall deposit with the Director the details and design of the fireworks displays for the Theme Park. Any changes to the details or design of the fireworks displays shall be justified by ET Leader and shall be deposited with the Director.

3.7 To mitigate air quality impacts, fireworks displays shall be designed and conducted to achieve the air quality criteria adopted in the EIA Report.

3.8 As set out in Section 3.5.5 of the EIA Report, no motor vehicles using diesel or petrol as fuel shall be used within the Theme Park area as shown in Figure 4 attached to this Permit, except for emergency vehicles.

3.9 To mitigate the air quality impacts from the Penny's Bay Gas Turbine Plant (GTP), building height within the Theme Park shall be restricted at 50 metres above ground within 500 metres from the chimneys of the GTP and restricted at 100 metres above ground between 500 metres and 1,000 metres from the chimneys of the GTP, as shown in Figure 5 attached to this Permit, unless the Permit Holder can demonstrate to the Director's satisfaction that the buildings shall not affect the dispersion of the emissions from the GTP and shall not cause adverse air quality impacts.

Measures to Mitigate Noise during Operation

3.10 The following earth berms shall be construction prior to the operation of the Theme Park:

3.11 The bursting height of fireworks displays within the Theme Park shall not exceed 100 meters above Principal Datum.

3.12 Hotels within the Project shall not rely on openable windows for ventilation.

Measures to Mitigate Hazards during Operation

3.13 Three sets of hazards management plan for the operational phase of the Project shall be deposited with the Director at least one month before the Project commences operation. The plan shall be certified by the IEC. The plan shall include details of sufficient measures to mitigate hazards arising from the storage, handling and application of fireworks and sodium hypochlorite.

Measures to Mitigate Water Quality Impacts during Operation

3.14 All storm water shall flow through silt traps within the Project prior to entering the stormwater system.

3.15 Spent fireworks shall be collected immediately after the completion of the firework displays. The collection and disposal of spent fireworks shall be in accordance with the waste management plan for the operational stage approved under Condition 3.23 of this Permit.

3.16 Monitoring of residual chlorine concentration in disinfected water shall be conducted prior to discharge of the disinfected water. No discharge of any water with chlorine concentration higher than 0.01 mg L-1 shall be allowed.

3.17 Pesticides and herbicides used in the Project shall be biodegradable and with half-lives of three days or less.

3.18 A log book shall be kept in the Theme Park to record the application of any pesticides or herbicides, date and time, location of application, quantities applied, pesticide/herbicide used and weather conditions. The logbook shall always be readily available for inspection by the Director throughout the operation stage.

Measures to Mitigate Terrestrial Ecological Impacts during Operation

3.19 To minimize the disturbance to the White-bellied Sea Eagles at Pa Tau Kwu, no fireworks shall be launched within 800 metres from the Pai Tau Kwu headland as shown in Figure 7 attached to this Permit, unless otherwise approved by the Director.

3.20 To protect the White-bellied Sea Eagles, laser effects used in the Project shall utilize lasers of power range not greater than 30 Watt and any laser beam shall not be directed towards the Pa Tau Kwu area. All laser effects shall be terminated against fixed, non-reflective objects within the Project to prevent any impacts on people and terrestrial faunal species.

Other Measures during Operation

3.21 The speed of ferries and vessels of the Theme Park shall not exceed 10 knots when passing through an area within 500 metres from the reclamation limit as shown in Figure 3 attached to this Permit.

3.22 Any sewage pumping station within the Project shall be fully enclosed and installed with a scrubber system with a minimum odour removal capacity of 95%, unless otherwise agreed with the Director.

3.23 Three sets of waste management plan for the operational phase of the Project shall be submitted to the Director for approval at least one month before the Project commences operation. The plan shall be certified by the IEC as conforming to the EIA Report. The plan shall include details of how the mitigation measures of operational waste management in Section 6.7 and Section 16 of the EIA Report will be implemented together with the arrangements for avoidance, minimization, material recovery/recycling, collection, transportation and disposal of various types of waste generated during the operation of the Theme Park as recommended in Section 6.7 and Section 16 of the EIA Report.

4. Environmental Monitoring and Audit (EM&A) during the Construction

4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as approved under Condition 2.3. Any changes to the EM&A programme shall be justified by the IEC or ET Leader as conforming to the requirements set out in the EM&A Manual, and shall be approved by the Director.

4.2 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual by:

4.3 All environmental monitoring and audit data submitted under this Permit shall be true and correct.

4.4 One hard copy and one soft copy of the Baseline Monitoring Report shall be submitted to the Director within one week after the commencement of any major construction works that would affect the monitoring results. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

4.5 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks from the end of the reporting month. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

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

5. Environmental Monitoring and Audit (EM&A) during Operation

5.1 The EM&A Plan shall be implemented in accordance with the procedures and requirements as approved under Condition 3.2. Any changes to the EM&A details shall be justified by the IEC as conforming to the requirements set out in the EM&A Plan, and shall be approved by the Director.

5.2 The EM&A Plan shall contain monitoring locations, monitoring schedules, methodology, and qualification of monitoring team members. Monitoring shall be conducted in accordance with the EM&A Plan unless with prior approval from the Director. Monitoring details and results shall be recorded in reports submitted in accordance with the EM&A Plan. A hard copy and a soft copy of the reports shall be deposited with the Director within two weeks after the completion of each reporting period as specified in the EM&A Plan. The reports shall be certified by the IEC before deposit with the Director.

5.3 All environmental monitoring data and reports submitted under this Permit shall be true, valid and correct.

6. Electronic Reporting of EM&A Information in response to Public Complaints

6.1 To enable the public inspection of the Baseline Monitoring Report, monthly EM&A Reports and monitoring results during operational via the EIAO Internet Website and at the EIAO Register Office, electronic copies of monthly EM&A Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 4.4, 4.5 and 5.2. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.

6.2 All environmental monitoring data as described in Conditions 4.2 and 5.2 above shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing within 8 weeks after the commencement of works the Internet address where the environmental monitoring data are to be placed. The Internet address and the environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

6.3 The internet website as described in Condition 6.2 above shall enable user friendly public access to the monitoring data and with features capable of:

Notes:

1. This 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 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 the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

5. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before 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 Project contrary to the conditions in the 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 (as referred to in Condition 2.10)

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

(b) Groundwater

Groundwater pumped out of wells, etc. for the lowering of ground water level in foundation construction shall be discharged into storm drains after being passed through appropriate silt removal facilities.

(c) General Construction Activities

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials from station and depot construction works shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material can be minimised by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.

[ Back to First Page ] / [ Back to Main Index ]