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 PROJECT MANAGER/HONG KONG ISLAND AND ISLANDS, TERRITORY DEVELOPMENT DEPARTMENT (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 拓 展 署 港 島 及 離 島 拓 展 處 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 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 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 to be taken under the Ordinance.

1.2 The Permit Holder shall ensure, from time to time, full compliance with all legislation in force including but without limitation to the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). 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 this 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 sites 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 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 sites.

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-009/1999); 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 EIAO 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 at least 4 weeks 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 EIAO Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

2 Special Conditions

2.1 An Environmental Team (ET) shall be established at least one month before the commencement of construction. The ET shall be headed by the ET Leader who has at least 7 years' experience in environmental monitoring and audit (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. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions.

2.2 An Independent Environmental Checker (IEC) shall be employed at least one month before the commencement of construction of the Project. 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 submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions.

2.3 At least 4 weeks before the commencement of the construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project.

2.4 Before the submission of the EM&A Manual under Condition 2.3 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 implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual.

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.

2.6 Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval within 6 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 8, Volume 2 of the EIA Report. Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials and disposal location of different categories of waste. All measures in the approved Waste Management Plan shall be fully implemented throughout the entire construction period.

2.7 No rock blasting shall be carried out on site.

Measures to Mitigate Construction Noise Impacts

2.8 The types and quantities of powered mechanical equipment to be used on site shall be restricted in accordance with the requirements set out in Annex A attached to this Permit.

2.9 All measures described in Annex B attached to this Permit shall be implemented to mitigate construction noise impacts throughout the entire construction period.

Measures to Mitigate Landscape and Visual Impacts

2.10 At least 4 weeks before the commencement of the landscape works or compensatory planting of the project whichever is the earlier, the Permit Holder shall notify the Director of the commencement date and deposit with the Director 5 sets of landscape plan including compensatory planting. The landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in section 9.4, Volume 2 of the EIA Report before deposit.

2.11 At least 2 weeks before the Project commences operation, the Permit Holder shall notify the Director of the commencement date and deposit with the Director 5 sets of detailed landscape/compensatory planting as-built drawing(s) showing the final locations of tree plantings within the project boundary to demonstrate compliance with the submissions under Condition 2.10. This final set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.10 is fulfilled.

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

3.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual. Any changes to the programme shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.

3.2 At least 2 weeks before the commencement of any works, the Permit Holder shall set up a continuous noise monitoring mechanism to the satisfaction of the Director, including a system to report instantaneous monitoring results on a dedicated website. This system shall be provided throughout the entire construction period. In the event that the measured noise levels exceed those specified in the EM&A Manual, the Permit Holder shall take immediate action(s) to activate remediation measures.

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

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

(b) conducting impact monitoring on noise and air 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.

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

3.5 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director at least 4 weeks before the commencement of any construction works. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request from the Director.

3.6 Two hard copies 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 submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request from the Director.

3.7 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 as set out in the Event and Action Plans, or as agreed by the Director.

4. Electronic Reporting of EM&A Information

4.1 To facilitate 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 these 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 submitted at the same time as the hard copies as described in Conditions 3.5 and 3.6 above. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

4.2 All environmental monitoring data described in Condition 4.1 above, except for construction noise data described in Condition 3.2, 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 6 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.

4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data with features capable of:

(a) providing access to all environmental monitoring data collected since the commencement of works;

(b) searching by date;

(c) searching by types of monitoring data (air quality and noise); and

(d) providing hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

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

(i) on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.

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.

Annex A:
Northern Access Road - Equipment Schedule
(Extracted from Appendix 5.4, Volume 2, the EIA Report)

Excavation of Trench

Placement of Pipes and Backfilling

Road works

Note :

BS - Information from BS5228: Part I 1997 "Noise Control on Construction and Open Sites"

Annex B : Measures to Mitigate Construction Noise Impacts

To mitigate the construction noise impacts, the following measures shall be implemented throughout the construction period :

1. Noisy equipment shall be sited as far away as possible from any NSRs.

2. Machines and plant (such as trucks) that may be in intermittent use shall be shut down between work periods or shall be throttled down to a minimum.

3. Only well-maintained plant shall be operated on-site and be properly maintained.

4. Silencers or mufflers on construction equipment shall be utilized and be properly maintained.

5. Acoustic barriers shall be used when undertaking noisy works. The barriers shall be placed between the noise sources and receivers and as close to the source as possible.

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