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(S)

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 Hongkong Electric Co., Ltd (hereinafter referred to as the "Permit Holder") to construct and operate the designated project(s) 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 香 港 電 燈 有 限 公 司 (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(S))
B部 (指 定 工 程 項 目 的 說 明 )

Hereunder is the description of the designated project(s) mentioned in Part A of this environmental permit :-

下 列 為 本 環 境 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 may become subject of appropriate action to be 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), the 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 by the Director or his authorized officers at all sites 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. The site(s) refers to the site(s) of the construction, operation and/or decommissioning of the Project(s) and shall mean the same hereinafter.

1.5 The Permit Holder shall display a copy of this Permit 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 the display at the construction site(s).

1.6 A copy of the EIA Report shall be kept in the Engineer'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(s) in accordance with the project descriptions in Part B of this Permit.

1.8 The Permit Holder shall ensure that the Project(s) is designed, constructed and operated in accordance with the information and recommendations contained in the EIA Report. (Register No. AEIAR-010/1999); 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(s). 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 and re-submitted in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director's comments or otherwise as specified by the Director.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public, if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or 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 submissions.

1.11 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project(s) no later than three months before the commencement of any construction activities of the Project(s). The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the Project(s).

1.12 The Permit Holder shall notify the Director in writing the commissioning date of the Project(s) no later than three months before the commissioning of the first 300MW unit. The Permit Holder shall notify the Director in writing immediately if there is any change of the commissioning date of the Project(s).

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 before Commencement of Construction

2.1 An Environmental Team (ET) shall be established at least 6 months before the commencement of construction of the Project(s). The ET shall be headed by a team leader who has at least seven years' experience in environmental monitoring and auditing (EM&A) or environmental management. The ET Leader shall be responsible for the implementation of the EM&A programmes in accordance with the EM&A requirements as contained in the EIA report, and the approved EM&A manuals submitted under Conditions 2.4 and 4.2 of this Permit. 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 The Permit Holder shall employ an Independent Environmental Checker (IEC) at least 6 months before the commencement of construction of the Project(s). The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programmes including the implementation of all environmental mitigation measures, submissions relating to EM&A, and 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 under this Permit.

2.3 All submissions for approval and deposition under Section 2 of this Permit shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA report before submission to the Director.

2.4 At least 3 months before commencement of the construction of the Project(s), the Permit Holder shall submit an EM&A manual for the construction of the Project(s) to the Director for approval. No construction works shall commence before the Director has approved the EM&A manual. The EM&A manual approved under this condition shall hereinafter be referred to as the "EM&A Manual (Construction Phase)".

2.5 The Permit Holder shall, within one month after the commencement of construction of the Project(s), 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(s). The submitted information shall include at least the organization chart, names of responsible persons and their contact details.

Specific Submissions for the Reclamation Works & 1,800MW Power Plant

2.6 The Permit Holder shall, no later than three months before the commencement of the dredging or reclamation works at the Lamma Extension site, deposit with the Director the plan(s) showing:-

(i) the locations, the dimensions, and sequences scheduled for dredging and reclamation works;

(ii) the routing of all construction related marine vessels. The routing shall avoid disturbance to the finless porpoise at the southern waters; and

(iii) the dimensions, the locations, the method of installation, and the method of removal of silt curtains.

2.7 The Permit Holder shall deposit with the Director a Waste Management Plan no later than three months prior to the commencement of construction of the Project(s). 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 take into account the recommendations of the EIA report. Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials.

2.8 The Permit Holder shall deposit with the Director three sets of Landscape Plan no later than three months before commencement of the landscape works of the Project(s). The Plan shall include an explanatory statement and drawings in 1:1000 scale or other appropriate scale outlining the visual and landscape mitigation measures.

Specific Submissions for Transmission System

2.9 The Permit Holder shall deposit with the Director three sets of layout drawings no later than three months prior to the commencement of construction of the transmission system, of a scale 1 to 500 or other appropriate scale showing the works boundaries, co-ordinates of the transmission cables and the locations of mitigation measures recommended in Section 10.3, Part C of the EIA Report.

2.10 The Permit Holder shall deposit with the Director three sets of plans showing location of the fences along the boundary of construction sites for cable landing points N4 and N5 and the connecting cable trough as described in Figures B1 and B2 at the Appendix B attached with this Permit, no later than three months prior to the commencement of construction of the transmission system at these locations. The fences are installed to prevent tipping, vehicle movements, and encroachment of personnel into adjacent wooded areas, particularly where the rare, uncommon and restricted plant species are located.

2.11 The Permit Holder shall deposit with the Director three sets of Landscape Plan outlining the visual and landscape mitigation measures, and the amenity facilities for the landing points N2, N4 and N5 areas, and for the cable trough area between N4 and N5, no later than three months prior to the commencement of the landscaping works at these areas.

Specific Submission for Gas Pipeline

2.12 The Permit Holder shall deposit with the Director a report demonstrating the measures as described in Section 4.7.5, Part B of the EIA report to prevent methane (CH4) leakage from the fuel gas supply system no later than three months prior to the commencement of the pipeline construction works.

3. Measures During the Construction Period

3.1 All designs or construction measures described in the submissions approved or deposited under Section 2 of this Permit shall be properly implemented.

Reclamation Works and 1800MW Power Plant

3.2 Silt curtains enclosing the dredging and reclamation works areas shall be installed as described in the plan(s) submitted under Condition 2.6 (iii) above prior to the commencement of dredging and reclamation works at the Lamma Extension site. The silt curtains shall be maintained in good working condition.

3.3 Only one of the following dredging scenarios shall be allowed during reclamation works:

(i) a maximum of 1 trailer dredger with a rate of working of 8,000 m3/day, and 2 large grab dredgers, each with rates of working of 12,000 m3/day operating concurrently; irrespective of tidal conditions, or

(ii) during the ebb phase of the tidal cycle, a maximum of 3 large grab dredgers and 1 small grab dredger operating concurrently, each with rates of working of no more than 12,000 m3/day and 8,000 m3/day respectively. During the flood phase of the tidal cycle, the total number of large dredgers working shall be reduced by one.

3.4 Combined dredging and sand filling for site formation of the power plant shall not be permitted to take place concurrently at any one time. Sand filling for site formation of the power plant shall take place behind seawalls which shall protrude above the water surface.

3.5 No storm drain outlets shall be facing Hung Shing Ye Bay.

3.6 Rubble mound seawalls shall be constructed along the southern and western edges of the reclamation for the power plant to enhance recolonisation of marine organisms.

3.7 Artificial reefs of a volume not less than 400m3 shall be deployed in locations to be decided upon consultation with the Director within 2 years after construction of the rubber mound seawalls as described in Condition 3.6 above to serve the purpose of habitat enhancement measures. The actual volume shall be decided based on the findings of the ecological monitoring programme as stipulated in the EM&A Manual (Construction Phase) approved under Condition 2.4 above.

Gas Pipeline

3.8 The following rates of dredging for the trenches and of pipeline jetting shall be adopted respectively:

(i) a single small grab dredger with a maximum daily rate of working of 2,400 m3

(ii) maximum forward speed of the jetting machine shall be 1 m per minute

3.9 To avoid disruption to the Neophocaena phocaenoides (finless porpoise) population in the southwestern coastal waters of Lamma Island, pipeline jetting works located off the coast of southwest Lamma shall not be carried out during spring time from April to June.

4. Submission or Measures before Commissioning of the Project(s)

4.1 All submissions for approval and deposition under Section 4 of this Permit shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA report before submission to the Director.

4.2 At least three months before commissioning of the first 300MW unit, the Permit Holder shall submit an EM&A manual for the operation phase of the Project(s) to the Director for approval. No operation of any of the new 300MW unit shall commence before the Director has approved the EM&A manual. The EM&A manual approved under this condition shall hereinafter be referred to as the "EM&A Manual (Operational Phase).

4.3 The Permit Holder shall deposit with the Director, no later than three months prior to the commissioning of the first 300MW unit, a Commissioning Schedule for all six 300MW units by referring to Table 2.2a, Part A of the EIA Report. The Commissioning Schedule shall include timing(s) and detail(s) on the shifting(s) of the base load operation from the existing coal-fired and oil-fired units of Lamma Power Station to the six new 300MW units.

4.4 At least three months before the commissioning of the first 300MW unit, the Permit Holder shall submit to the Director for approval an Emergency Plan, to include possible scenarios and the necessary remedial measures, for handling such situation(s) due to a sudden interruption in liquefied natural gas supply.

4.5 At least three months before commissioning of the first 300MW unit, the Permit Holder shall deposit with the Director a Greenhouse Gas (GHG) Management Plan which shall include the following:-

(i) a Life Cycle Management Programme for hydrofluorocarbon gases (HFCs), perfluorocarbons (PFCs), and sulphur hexafluoride (SF6). The Programme shall include measures and requirements as described in Section 4.7.5, Part B of the EIA report to minimise leakage from systems or equipment containing HFCs, PFCs and SF6;

(ii) the actions, including procedures to reduce emissions of CH4 from maintenance, operations and emergencies, and other possible upgrading works;

(iii) a Carbon Accounting and Monitoring Programme, which shall include actions such as afforestation and reforestation; and

(iv) a Conversion Plan which shall present the practicability of converting the existing peak lopping oil-fired gas turbines to gas-fired for reducing GHG emissions during emergency use or peak lopping operations.

4.6 The Permit Holder shall deposit with the Director a noise control study report to address the potential cumulative noise impacts arising from the 1,800MW power plant and other existing and planned noise source at the Lamma Power Station. The Report shall demonstrate that the noise performance of individual plants and the Lamma Power Station as a whole shall meet the recommendations and assumptions set out in Section 6.3.5, Part B of the EIA Report. It shall be submitted to the Director no later than three months prior to the commissioning of the first 300MW unit.

4.7 The Permit Holder shall deposit with the Director no later than three months prior to the commissioning of the first 300MW unit a Waste Management Plan for the operation of the Project(s). 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 operation of the Project(s) and shall take into account the recommendations in Section 8.5, Part B of the EIA report.

4.8 The Permit Holder shall investigate the practicality of lowering the residual chlorine concentrations to a level below 0.3 mg L-1. The Permit Holder shall also investigate the practicality of using alternative biocides in the Project(s). The investigation report including design measures to prevent formation of foam at the cooling water outfalls, shall be deposited by the Director no later than three months prior to the operation of the first 300MW unit.

4.9 The Permit Holder shall deposit with the Director no later than three months prior to the commissioning of the first 300MW unit a Land Contamination Avoidance Plan which shall take into account the recommendations in Section 9.4, Part B of the EIA report.

4.10 The Permit Holder shall deposit with the Director a Safety Management Plan to address fuel gas hazards no later than three months prior to the commissioning of the first 300MW unit.

4.11 The Permit Holder shall deposit with the Director a review report on the Hazard Assessment to address non-fuel gas hazards included in the EIA Report proposing the required alternative mitigation measures at least three months before the installation works of the first 300 MW unit.

5. Submissions and Measures during the Operation Period

5.1 All designs or construction measures described in the submissions approved or deposited under Section 4 of this Permit shall be properly implemented.

1800MW Power Plant

5.2 All six 300MW gas-fired combined cycle units at the Lamma Extension shall be fuelled by liquefied natural gas only, except for the situation(s) as allowed in the Emergency Plan as approved under Condition 4.4 above.

5.3 After commissioning of the first 300MW unit, the Permit Holder shall undertake annual revisions and update of its GHG emissions inventory covering all existing facilities and new extension, for at least the six GHGs specified under the Kyoto Protocol (carbon dioxide (CO2), CH4, nitrous oxide (N2O), HFCs, PFCs and SF6). The inventory shall be established and maintained in accordance with the latest Intergovernmental Panel on Climate Change (IPCC) Guidelines or any other guidelines issued by Government, with details documented for regular reviews and updates. The inventory shall be reported on an annual basis, including actual figures and targets for the previous and current year, as well as the next year's forecast. Discrepancies for actual versus target figures and actions for improvement or enhancement shall be explained. An annual report of GHG emissions inventory shall be deposited with the Director within three months after the end of the reporting period.

Gas Pipeline

5.4 After commissioning of the first 300MW unit, the Permit Holder shall deposit with the Director annual inventory reports on the CH4 emissions reduction and the achieved results of the procedural controls of CH4 emissions as described in Condition 2.12 of this Permit. The reports shall be deposited with the Director within three months after the end of the reporting period.

6. Environmental Monitoring and Audit

Construction Phase

6.1 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual (Construction Phase) submitted under Condition 2.4 of this Permit by :

(i) conducting baseline environmental monitoring as set out in the EM&A Manual (Construction Phase); and

(ii) conducting impact environmental monitoring as set out in the EM&A Manual (Construction Phase).

6.2 The remedial actions described in the Event/Action Plans of the EM&A Manual (Construction Phase) shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plans, or as agreed by the Director.

6.3 Records of the details of Conditions 6.1 and 6.2 above shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the EM&A Reports and making the information available for inspection on site.

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

6.5 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of any major construction works which 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.

6.6 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after 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 to the Director upon request from the Director.

Operational Phase

6.7 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual (Operational Phase) submitted under Condition 4.2 of this Permit by :

(i) conducting baseline environmental monitoring as set out in the EM&A Manual (Operational Phase); and

(ii) conducting impact environmental monitoring as set out in the EM&A Manual (Operational Phase).

6.8 The remedial actions described in the Event/Action Plans of the EM&A Manual (Operation Phase) shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plans, or as agreed by the Director.

6.9 Records of details of Conditions 6.7 and 6.8 above shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the EM&A Reports and making the information available for inspection on site.

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

6.11 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commissioning of the first 300MW unit which 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.

6.12 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after 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 to the Director upon request from the Director.

7. Electronic Reporting of EM&A Information (For both Construction Phase and Operational Phase)

7.1 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 shall be submitted at the same time as the hard copies as described in Conditions 6.5. 6.6, 6.11 & 6.12. 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.

7.2 All environmental monitoring data as described in Condition 7.1 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 two 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 six weeks after the commencement of works the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

7.3 The internet website as described in Condition 7.2 above shall enable user friendly public access to the monitoring data and with features capable of :

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

(ii) searching by date;

(iii) searching by types of monitoring data (air quality, water quality and noise, etc.); and

(iv) hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

Notes :

1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project(s) 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 dredging and construction sites, by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project(s) may, before he assumes responsibility for the designated project(s), 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 the Environmental 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(s), another environmental permit must be obtained under the Ordinance before the Project(s) 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(s) 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 or 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 $ 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.

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