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(EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the NEW TERRITORIES EAST DEVELOPMENT OFFICE, 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 ("環 評 條 例 ")第 10條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 ) 將 本 環 境 許 可 證 批 予 拓 展 署 新 界 東 拓 展 處 ("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 夾 附 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:
(hereafter 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 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 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 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-017/1999); 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 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 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 not be an associated body of the Contractor. 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 The Permit Holder shall, within one month 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 Noise Impacts

2.4 The Permit Holder shall provide the following noise mitigation measures:

(a) a full enclosure of about 120m long along Po Shun Road in front of King Lam Estate and Chung Ming Court;

(b) a 5m plain barrier of about 265m on Slip Road A;

(c) an absorptive, 5.5m inverted L-shaped barrier of about 155m on Slip Road C; and

(d) low noise road surfacing on the newly constructed sections of Road P2 and T1.

The locations and typical sections of the enclosure/barrier are indicated in Figure 1 attached to this Permit. The measure (a) shall be completed within 6 months after the commencement of construction of the Project to help screen construction noise. The measures (b), (c) & (d) shall be completed before commencement of operation of the Project. For this purpose, the Permit Holder shall deposit with the Director copies of audit report(s), certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the noise mitigation measures. The audit report(s) shall be deposited within 2 weeks after the completion of that measure(s).

Measures to Mitigate Landscape and Visual Impacts

2.5 At least one month before the commencement of the landscape works of the project, the Permit Holder shall notify the Director of the commencement date and deposit with the Director 3 sets of landscape plan. The landscape plan shall include an explanatory statement and drawings in 1:1000 scale or other appropriate scale outlining the landscape and visual mitigation measures. The landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in section 7.5 of the EIA Report before deposit.

2.6 Within 12 months after completion of construction works, the Permit Holder shall have provided landscape and visual mitigation measures in accordance with the landscape plan as deposited in Condition 2.5 above. For this purpose, the Permit Holder shall deposit with the Director 3 copies of audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the landscape and visual mitigation measures. The audit report shall be deposited within 2 weeks after the completion of the measures.

3. Environmental Monitoring and Audit

3.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual as set out in the EIA report. 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 The Permit Holder shall submit two hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before the commencement of any major 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.

3.3 The Permit Holder shall submit two hard copies and one electronic copy of monthly EM&A Report to the Director within 10 working days 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.

3.4 The actions described in the Event /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/Action Plans, or as agreed by the Director.

3.5 At least 6 months before commencement of operation of the Project, the Permit Holder shall deposit with the Director a monitoring plan for the purpose of assessing the accuracy of traffic noise predictions. The monitoring plan shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in section 3.9 of the EM&A Manual.

3.6 Traffic noise monitoring shall be conducted in accordance with the monitoring plan as deposited in Condition 3.5 above unless with prior justification and agreement with the Director. The Permit Holder shall report the monitoring results to the Director within one month of the completion of the monitoring. The monitoring results shall be certified by the ET Leader and verified by the IEC.

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

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 3.2 and 3.3 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 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.

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