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 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 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.

1.6 The Permit Holder shall construct and operate the Project as described 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 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.

1.8 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 or 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 EIAO.

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 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.

1.12 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 the commencement of 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 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 approved 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 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 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 and properly 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 Terrestrial Ecological Impacts during Construction

2.6 To avoid impacts on the rare/restricted/protected species including without limitation to Rice Fish (Oryzias latipes) in Mong Tung Hang Stream, Pitcher Plant (Nepenthes mirabilis), Fimbristylis acuminata and Fimbristylis complanata behind Cheoy Lee Shipyard, no works shall be carried out within the areas where rare/restricted/protected species are found as shown in Figure 7.6a of the EIA Report before the completion of a detailed vegetation survey. Three sets of detailed vegetation survey reports shall be deposited with the Director within 8 weeks after the commencement of construction of the Project. The survey report shall be certified by the ET Leader and verified by the IEC before submission. The survey report shall indicate the detailed setting out of the Project site boundary and demonstrate that the impacts are avoided or minimized to the most practicable extent. The survey report shall include a transplantation schedule and a 3-year monitoring programme after transplantation of the rare/restricted/ protected species which will be affected by the construction activities. No construction works of the relevant part(s) of the Project shall be carried out prior to the transplantation of plant species.

2.7 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 discharge 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.

2.8 To prevent access of workers to the nesting site of the White-bellied Sea Eagles, public land access from the Project works areas to Pa Tau Kwu shall be fenced off within 4 weeks after the commencement of construction.

2.9 To avoid disturbance to the White-bellied Sea Eagles at Pa Tau Kwu, no construction activity, including transportation of equipment, shall be allowed at Pa Tau Kwu headland as shown in Figure 2 attached to this Permit.

Measures to Mitigate Water Quality and Marine Ecological Impacts during Construction

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.

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

Other Mitigation Measures during Construction

2.12 No works except for investigation works necessary for the completion of the decommissioning EIA study for the shipyard shall be carried out within the Cheoy Lee Shipyard at Penny's Bay, unless prior written approval from the Director is obtained.

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

2.14 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 Period of the Project

3.1 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.

3.2 The Operational EM&A Plan shall include without limitation:

3.3 The Operational Environmental Monitoring and Audit Plan approved under Condition 3.1 shall hereinafter be referred to as the "EM&A Plan". 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.

3.4 Three sets of Waste Management Plan for the operational phase shall be certified by the IEC as conforming to the EIA Report and submitted to the Director for approval at least 3 months before the operation of the Project. 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, minimisation, material recovery/recycling, collection, transportation and disposal of various types of waste generated during the operation of the Project as recommended in Section 6.7 and Section 16 of the EIA Report. The Waste Management Plan shall be reviewed and updated as necessary, on an annual basis.

Measures to Mitigate Water Quality during Operation

3.5 To prevent siltation in the artificial lake, stormwater run-off from surrounding hillsides shall pass through silt traps prior to entering the lake.

3.6 Stormwater from any urban/developed areas shall not be allowed to enter the lake.

3.7 To avoid impairing the water quality of in the artificial lake, monitoring of the quality of water from Tai Lam Reservoir shall be carried out prior to discharging water from the reservoir into the artificial lake. In the event that the monitored results showed that the water quality standards as stated in Table 5.9h of the EIA Report cannot be met, an alternate supply of water, of a quality that complies with the standards as stated in Table 5.9h of the EIA Report, shall be used.

3.8 Any algicide used in the Project shall be biodegradable and with half-life of three days or less. A log book shall be kept to record the application of any algicide including the date and time, location of application, quantities applied, type of algicide used and weather conditions. The logbook shall always be readily available for inspection throughout the operation stage.

3.9 Discharge of the lake water into marine waters shall be prohibited within one week after application of any algicide.

3.10 To prevent accidental spills entering into the artificial lake, any fuel for motorised water sports vessels shall be stored in bunded areas of at least 110% of the capacity of the largest fuel storage container.

3.11 Servicing of any water sports vessels shall be undertaken at suitable facilities at least 20m away from the artificial lake.

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

4.1 The EM&A programme during construction shall be implemented as set out in the EM&A Manual 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, valid 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 before 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 programme during operation shall be implemented as set out in the EM&A Plan approved under Condition 3.1. Any changes to the EM&A programme hall 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.

5.2 The EM&A Plan shall contain monitoring locations, monitoring schedules, methodology, and qualification of monitoring team members.

5.3 One hard copy and one soft copy of the monitoring report shall be deposited with the Director within two weeks after the completion of each monitoring. The report shall be certified by the IEC before deposit with the Director. If there are repeated non-compliances with the agreed water quality standards recorded in the monitoring, the monitoring programme shall be continued after the first year operation as directed by the Director.

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

6. Electronic Reporting of EM&A Information

6.1 To enable the public inspection of the Baseline Monitoring Report and monthly EM&A Reports 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 and 4.5. 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 Condition 6.1 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. 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 pass through appropriate silt removal facilities before discharge into storm drains.

(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.

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