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 KOWLOON - CANTON RAILWAY CORPORATION (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 九 廣 鐵 路 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)
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:

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 This Permit shall not remove the responsibility of the Permit Holder to comply with any 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).

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/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. The site(s) refers to the site(s) of the construction, operation and/or decommissioning of the Project and should mean the same hereinafter.

1.5 The Permit Holder shall display a copy of this permit on the construction site(s) 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 environmental 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 of Environmental Protection shall also be displayed at the same locations as the original Permit.

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions 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; 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 or all submissions deposited without comments by the Director or all submissions rectified in accordance with comments by the Director under this Permit shall be constructed 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. All submissions or any variations of the submissions shall be certified by the Environmental Manager (EM) and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.3 and 2.4 below before submitting to the Director under this Permit.

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 Amendments to submissions required under this Permit shall be approved by the Director and deposited with the Environmental Impact Assessment Register Office or any other places as specified by the Director as required by the respective conditions.

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 at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

1.13 The Permit Holder shall notify the Director the commencement date of construction of the Project at least 1 week prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.

2. Submissions or Measures before Commencement of Construction

2.1 At least 2 weeks before the commencement of construction works, the Permit Holder shall submit for the Director's approval, an Environmental Monitoring & Auditing (EM&A) Manual for the Project.

2.2 An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET shall be headed by a team leader who has at least 7 years of 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 to be recommended in the EM&A Manual.

2.3 The Permit Holder shall employ an Independent Environmental Checker (IEC) with at least 7 years of experience in environmental monitoring and auditing or environmental management. The Independent Environmental Checker shall verify the overall environmental performance of the Project, including the implementation of all the environmental mitigation measures, submissions relating to environmental monitoring and auditing, and any other submissions required under this Permit.

2.4 The Permit Holder shall employ an Environmental Manager (EM) with at least 7 years of experience in EM&A or environmental management. The Environmental Manager shall be responsible for supervising the environmental monitoring and audit programme; certifying all submissions to the Director and executing the duties to be recommended in the EM&A Manual that is required under Condition 2.1of this Permit.

2.5 Before submitting the EM&A Manual required under condition 2.1 to the Director, the EM&A Manual shall be certified by the EM 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 implemented in accordance with the requirements and time schedule set out in the EM&A Manual.

2.6 Three sets of 1 to 1000 scale layout drawings and an Explanatory Statement shall be deposited with the Director before commencement of construction of the Project to show the works boundaries, road alignments and other facilities assessed in the EIA report and the locations of environmental mitigation measures recommended in the EIA report. The layout drawings, the locations of environmental mitigation measures and the explanatory statement so provided shall be certified by the EM and verified by the IEC, as conforming to the information and recommendations contained in the EIA report, before the commencement of construction of the relevant sections of the Project. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report.

2.7 As recommended in the EIA report, 3 sets of a waste management plan shall be deposited with the Director before commencement of construction of the Project. The waste management plan shall include measures for the management of construction waste, chemical waste, general refuse as recommended in the EIA report. Before submission to the Director, the waste management plan shall be certified by the EM and verified by the IEC. Requirements stipulated under the Waste Disposal Ordinance shall not be included in the waste management plan. All measures recommended in the deposited waste management plan shall be fully implemented in accordance with the requirements and time schedule set out in the waste management plan.

2.8 The Permit Holder shall submit to the Director for approval 3 sets of an Environmental Management Plan (the Plan) within two months of the commencement of construction. The Plan shall be certified by the EM and verified by the IEC as being in conformity to the information and recommendations described in the EIA Report. The approved Plan shall be fully implemented throughout the construction period after the Plan is approved by the Director. Failure to implement the approved Plan shall be a ground for enforcement action, or may render this permit liable for suspension, cancellation, or variation.

2.9 The Permit Holder shall develop an Environmental Management System (EMS) before commencement of the Project in accordance with the requirement and recommendations set out in the EIA report. The EMS is to ensure the effective implementation of the recommended mitigation measures; the compliance with the conditions of this environmental permit; and the requirements of all environmental legislation in force.

2.10 Prior to commencement of any construction works, the Permit Holder shall conduct an archaeological field evaluation within the site boundary of the Project (Figure 1) to determine the presence and preservation of buried archaeological deposits. At least one month before the commencement of the archaeological field evaluation, the Permit Holder shall submit a Field Evaluation Project Design for the approval of the Director. The Field Evaluation Project Design shall set out the details and time schedule for the archaeological field evaluation. The Permit Holder shall also notify the Director in writing of the commencement of the field evaluation within one week of its commencement.

3. Submissions or Measures for Construction and Operation of the Project

3.1 The following mitigation measures (a) to (j) are required before the operation of the Project to mitigate noise impacts:

(a) The Permit Holder shall provide a 3 m high, 60m long noise barrier behind the footpath along the north bound carriageway of the Eastern Access Road, immediately south of the Kam Tin Road/Kam Tin By-pass roundabout. The noise barrier is located approximately at Chainage 860 to 920 m as shown in Figure 2.

(b) The Permit Holder shall provide a 2.5 m high, 80m long absorptive barrier behind the footpath along the north bound carriageway of the Eastern Access Road, north-east of the proposed footbridge. The absorptive barrier is located approximately at Chainage 1029 to 1109 m as shown in Figure 2.

(c) The Permit Holder shall provide a 3 m high, 100 m long absorptive barrier next to the bus-bay and behind the footpath along the north bound carriageway of the Eastern Access Road, south-west of the proposed footbridge. The absorptive barrier is located approximately at Chainage 1109 to 1209m as shown in Figure 2.

(d) The Permit Holder shall provide a 3 m high, 20 m long absorptive barrier next to bus-bay and behind the footpath, along the south bound carriageway of the Eastern Access Road and in front of Ng Ka Tsuen, north-east of the proposed footbridge. The absorptive barrier is located approximately at Chainage 1080 to 1110m as shown in Figure 2.

(e) The Permit Holder shall provide a 3 m high, 55 m long absorptive barrier 1 m from kerbside along south bound carriageway of the Eastern Access Road and in front of Ng Ka Tsuen, south-west of the proposed footbridge. The absorptive barrier is located approximately at Chinage 1100 to 1155 m as shown in Figure 2.

(f) The Permit Holder shall provide a 5.5 m high, 60 m long absorptive barrier along the east bound of the Kam Sheung Road and east of the Eastern Access Road. The absorptive barrier is located approximately 2m from kerbside and next to bus-bay as shown in Figure 2.

(g) The Permit Holder shall provide a 3 m high, 30 m long absorptive barrier along the east bound of the Kam Sheung Road and west of the Eastern Access Road. The absorptive barrier is located approximately 5 m from kerbside as shown in Figure 3.

(h) The Permit Holder shall provide a 5 m high , 55m long absorptive barrier behind the footpath of the proposed bus-bay, along the west bound of the Kam Sheung Road and west of the Eastern Access Road as shown in Figure 3.

(i) The Permit Holder shall provide a 5.5 m high, 150 m long noise barrier next to the bus-bay and behind the footpath along the south bound carriageway of the Eastern Access Road, south of the Eastern Access Road/Kam Sheung Road junction. The noise barrier is located approximately at Chainage 1300 to 1450 m as shown in Figure 3.

(j) The Permit Holder shall install indirect technical remedies (ITR), in the form of suitable window glazing and air-conditioning to protect the affected Noise Sensitive Receivers (NSRs) - Kam Kwong Kindergarten, Lutheran Kam Sheung Church and the village house of Ng Ka Tsuen. The affected Noise Sensitive Receivers are identified as NSR 71, NSR 89, NSR 90 respectively in the Table 15.3a of the EIA Report.

3.2 The Permit Holder shall deposit to the Director, at least six months before the operation of the project, a monitoring plan for the purpose of assessing the accuracy of traffic noise predictions, by comparing the project noise impact predictions with the actual impacts. The monitoring plan shall contain monitoring locations, monitoring schedules, methodology of noise monitoring including noise measurement procedures, traffic counts and speed checks, and methodology of comparison with the predicted levels. The recommended monitoring locations are detailed in the Implementation Schedule of the EIA report and additional monitoring locations may be required by the Director. At least three sets of measurements at each monitoring location shall be conducted and the monitoring shall be done within the first year of operation of the project

3.3 Monitoring works to be carried out under Condition 3.2 shall be conducted in accordance with the deposited monitoring plan unless with prior justification. Monitoring details and results including the comparison between the measured noise levels and the predicted levels shall be recorded in a report to be deposited with the Director within one month after the completion of the monitoring. Before depositing with the Director, the report shall be certified by the Permit Holder or the Environmental Manager.

3.4 Mitigation measures contained in section 18.3.3 of the EIA report shall be fully implemented to mitigate landscape and visual impacts during construction and operation of the Project.

3.5 To avoid and mitigate cultural heritage and archaeological impacts during construction, if any antiquities are discovered during the course of the construction works, the Permit Holder shall inform the Director immediately and the Permit Holder shall assess the cultural value of the antiquities discovered and report to the Director.

4. Environmental Monitoring and Audit

4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements set out 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.

4.2 Samples and measurements for noise, air quality and water quality monitoring shall be taken in accordance with the requirements of section 11 of the EIA report and the EM&A Manual to be submitted under condition 2.1 of this permit by:

(a) conducting baseline noise, air quality and water quality monitoring at the specified locations and frequencies;

(b) conducting impact monitoring on noise, air quality and water quality at the specified locations and frequencies;

(c) in cases where specified criteria in the EM&A Manual are exceeded, carrying out remedial actions, as set out in the EM&A Manual to be submitted under section 2.1 of this permit; and

(d) logging and keeping records of the details of (a) to (c) above in accordance with the requirements of the EM&A Manual to be submitted under condition 2.1 of this permit.

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

4.4 Four copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director in accordance with the requirements in the EM&A Manual to be submitted under condition 2.1 of this permit. The Baseline Monitoring Report shall be certified by the EM and verified by the IEC and shall be submitted to the Director 4 weeks before the commencement of any construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.

4.5 Four copies and one soft copy of monthly EM&A Report shall be submitted to the Director in accordance with the requirements set out in the EM&A Manual to be submitted under condition 2.1 of this permit. The monthly EM&A Report shall be certified by the EM and verified by the IEC and shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the monthly EM&A Report may be required by the Director.

4.6 The submitted reports as required in Conditions 4.4 and 4.5 above shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise specified by the Director.

5. Electronic Reporting of EM&A Information

5.1 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 4.4 and 4.5 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.

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: -

(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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