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 DRAINAGE SERVICES DEPARTMENT (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 渠 務 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 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:

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 Environmental Impact Assessment Ordinance 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), Dumping at Sea Ordinance (Cap.466) 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; 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 or unless otherwise stated in submissions approved by the Director, deposited without comments by the Director, or submissions rectified in accordance with comments by the Director under 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 1 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 Environmental Impact Assessment Ordinance.

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 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).

1.12 the Permit Holder shall notify the Director in writing the commencement date of construction at least 2 weeks prior to 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.

2. Submissions or Measures before Commencement of Construction

2.1 An Environmental Team (ET) shall be established no later than 4 weeks before commencement of construction of the Project. The ET shall be supervised by a team leader (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, the auditing of submissions relating to EM&A and any other submissions required under this Permit and verifying the submissions as conforming to the information and recommendations contained in the EIA Report.

2.2 The Permit Holder shall deposit with the Director 3 sets of design drawings, of scale 1 in 1000 or other reasonable scale, showing the locations, construction details and implementation programme of the temporary noise barriers recommended in the EIA Report for the protection of Lo Wu Tsuen, Lo Wu Public School, Muk Wu Tsuen and Nga Yiu Tsuen (NSR I.D. Hong Kong side 1#, 2#, 3# and 4# respectively identified in the EIA Report). The submission shall be verified by the ET Leader as conforming to the information and recommendations contained in the EIA Report and shall be made available to the Director within 8 weeks after the commencement of construction of the Project. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director.

2.3 The Permit Holder shall, at least 8 weeks before commencement of any construction works, submit to the Director for approval details of a benthic monitoring programme which covers the estuary of the Shenzhen River during construction and operational phases of the Project until such time that the Agriculture, Fisheries and Conservation Department takes over the said benthic monitoring.

2.4 The Permit Holder shall conduct a study on the 'Dismantle of Lo Wu Railway Bridge' at least within 6 months before the commencement of construction of the Project. The study shall include detailed rules on information recording and dismantle procedures, dismantle programme and methodology, guidelines for preserving the dismantled materials, location of re-erection, restoration programme and detailed rules for restoration. The Permit Holder shall obtain agreement from the Director on the scope of the study before commencement of the aforesaid study. Based on the findings of the study, the Permit Holder shall prepare a proposal for carrying out the dismantling and restoration works of the Lo Wu Railway Bridge and submit 3 copies of the proposal to the Director for approval at least 8 weeks before commencement of dismantle work of the Lo Wu Railway Bridge. The proposals shall be verified by the ET Leader as conforming to the information and recommendation contained in the aforesaid study. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director.

2.5 The Permit Holder shall employ relevant expert(s) in preparing drawings and photographs for documentation of the Lo Wu Old Footbridge. A method statement and the qualifications of the experts shall be submit to the Director for agreement 4 weeks prior to carrying out the documentation work. 3 sets of the drawing/photograph record shall be deposited to the Director for approval at least 8 weeks before commencement of dismantling of the Lo Wu Old Footbridge. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director.

2.6 The Permit Holder shall submit 3 sets of Waste Management Plan to the Director for approval at least 6 weeks before the commencement of construction of the Project. The Waste Management Plan shall include details on the arrangements for avoidance, minimization, material reuse/recovery/recycling, collection, transportation, storage, collection and disposal of various types of wastes to be generated from the construction activities and details of implementation programme.

2.7 The Waste Management Plan shall demonstrate that the quantity of spoil to be disposed of at the Nam Hang Valley shall be minimised to no more than 400,000 cubic metres.

2.8 The Waste Management Plan shall also demonstrate that no excavated material would be dumped outside the spoil disposal area as shown in Figure 8.23 of the EIA Report. The Waste 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 and shall include a detailed contaminated spoil distribution map and a system to record the final disposal position of each part of such contaminated spoil. The Waste Management Plan shall be verified by the ET Leader as conforming to the information and recommendations contained in the EIA Report prior to submission to the Director. The Waste Management Plan shall be implemented during construction.

2.9 The Permit Holder shall employ an archeologist to conduct a detailed archaeological investigation within the project boundary at least 12 months before commencement of construction of the Project. A method statement and the qualifications of the archaeologist shall be submitted to the Director for approval at least 4 weeks prior to commencement of the archeological investigation. A detailed time schedule of the archaeological investigation works shall be deposited to the Director at least 2 weeks before commencement of any field archaeological investigation works. If archaeological deposits/ruins are found at the site, an archaeological excavation shall be conducted and completed prior to commencement of construction.

3. Submissions during Construction

3.1 The Permit Holder shall submit to the Director for approval 3 sets of an Environmental Management Plan within 4 weeks of the commencement of construction of the Project. The Environmental Management Plan shall be verified by the ET Leader as being in conformity to the information and recommendations described in the EIA Report. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director. The approved Environmental Management Plan shall be fully implemented throughout the construction period. Failure to implement the approved Environmental Management Plan shall be a ground for enforcement action, or may render this permit liable for suspension, cancellation, or variation.

3.2 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.

3.3 The Permit Holder shall, at least 4 weeks before the commencement of the landscape works or compensatory planting/revegetation/restoration works of the project whichever is the earlier, notify the Director of the commencement date of these works.

3.4 The Permit Holder shall, at least 4 weeks before the commencement of the landscape works or compensatory planting/revegetation/restoration works of the project whichever is the earlier, submit to the Director for approval 5 sets of Landscape Plan(s) which shall include an explanatory statement, an implementation programme and drawing(s) of scale 1 to 1000 or other appropriate scale as agreed by the Director. The drawings shall show the detailed landscape proposals (including proposals for the compensatory planting, revegetation, and restoration works. The restoration works shall cover the four meanders identified as M1, M4, M5 and M6 in Figure 8.2 of the EIA Report, the spoil dumping site at Nam Hang as shown in Figure 8.32 of the EIA Report and habitats affected by the river re-alignment as stated in Section 8 of the EIA Report and the two temporarily occupied fishponds located north of the Sandy Ridge Cemetery as shown in Figure 8.30 of the EIA Report) during the construction and operation stages of the Project. The Landscape Plan(s) shall be verified by the ET Leader as conforming to the requirements set out in Section 8 and Section 10 of the EIA Report before submission.

3.5 The Permit Holder shall conduct a ground water investigation which covers the marsh areas north of the bloodworm pond valley and at Muk Wu Nga Yiu as indicated in Figure 8.2 of the EIA Report. A report detailing the results of the ground water investigation together with any recommendations including installation of cut-off walls behind the new embankment and ground water recharge to prevent excessive lowering of the water table during construction works in the dry season (October through March) and proposal for ground water monitoring during the full duration of the construction period shall be deposited to the Director within 4 weeks after commencement of construction of the Project. The ground water investigation report shall be verified by the ET Leader as conforming to the information and recommendations contained in Section 8.6.1 of the EIA Report prior to submission to the Director.

4. Measures to be Provided during Construction

4.1 The Permit Holder shall implement all measures described in the submissions submitted or deposited under Conditions 2.2, 2.3, 2.4, 2.6, 2.9, 3.1 3.4 and 3.5 of this Permit in accordance with the respective implementation programme.

4.2 The Permit Holder shall implement measures described in Annex A to mitigate noise impacts during construction.

4.3 The quantity of spoil to be disposed of at the disposal site at Nam Hang Valley shall be minimised to no more than 400,000 cubic metres.

4.4 The minimum distance requirements described in Table 5.9 of the EIA Report for the protection of Lo Wu Tsuen, Lo Wu Public School, Muk Wu Tsuen and Nga Yiu Tsuen shall be followed in carrying out channel excavation, dyke filling and bank and bed protection works.

4.5 Dredging shall be carried out at only one of the four Zones indicated in Figure 2.1 of the EIA Report at any time and only one set of dredger is allowed for operation.

4.6 Closed grab shall be used for the dredging.

4.7 When carrying out dredging works during the dry season (October through March), silt curtains shall be installed within 200m upstream and 500m downstream of the dredging location. The silt curtains shall be installed to cross the full section of the river. The silt curtains shall remain closed when there is dredging activities. The installed silt curtains shall be properly maintained during dredging works.

4.8 Monitoring of dredging rate shall be undertaken on a daily basis. The permit holder shall maintain a log on the daily amount of dredged materials and barging volume throughout the construction period. Copy of the log book shall be made available to the Director within 1 week upon request.

4.9 Spillage of spoil over barge during loading and transportation of spoil shall be prohibited.

4.10 The shipping route shall follow the centerline of the Shenzhen River to avoid birds-foraging areas.

4.11 The maximum volume of dredged materials for any month during construction shall not exceed 40,400 m³.

4.12 All dredged materials from the riverbed shall only be disposed of at the marine disposal site as identified in the EIA Report.

4.13 The Permit Holder shall deposit 3 sets of construction plans to the Director at least 4 weeks before the commencement of construction of the Project clearly marking ecological sensitive areas (including the remaining portions of the marsh areas north of the Nam Hang bloodworm pond valley and the Muk Wu Nga Yiu, the 4 meanders M1, M4, M5 and M6 as shown in Figure 8.2 of the EIA Report and the Nga Yiu Ancient Site) as 'temporary protection areas'.

4.14 The Permit Holder shall fenced-off the boundaries of all temporary protection areas as stated in Condition 4.13 above with 'buffer zones' of least 5 meters width from the construction site before commencement of construction of the Project to prevent entrance of construction workers and accidental spillage of spoil. Fences which allow full visibility shall be used for this purpose. For locations where the erection of fixed structures are not possible, such as at existing ponds and rivers, temporary fences, barriers or clear markings to prohibit entry into the fenced areas shall be installed. All fences shall be removed upon completion of construction works.

4.15 The Permit Holder shall, at least 2 weeks before the Project commences operation, notify the Director of the commencement date of operation of the Project.

4.16 The Permit Holder shall, at least 2 weeks before the Project commences operation, deposit with the Director 5 sets of detailed as-built drawing(s) showing the final locations of tree plantings/grasscrete placement/revegetation and restoration works. The restoration works shall cover the meanders identified as M4 and M6 in Figure 8.2 of the EIA Report, the spoil dumping site at Nam Hang as shown in Figure 8.32 of the EIA Report and habitats affected by the river re-alignment as stated in section 8 of the EIA Report. This final set of as-built submission(s) shall be verified by the ET Leader to confirm that Condition 3.4 is fulfilled.

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

5.1 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 verified by the ET Leader as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.

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

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

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

(c) conducting bird survey and survey of effectiveness of wetland restoration and vegetation restoration;

(d) conducting monitoring of landscape and visual mitigation measures;

(e) conducting monitoring of cultural and heritage mitigation measures;

(f) 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

(g) 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.

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

5.4 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 of the Project. The submissions shall be verified by the ET Leader. Additional copies of the submission shall be provided upon request from the Director.

5.5 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 verified by the ET Leader. Additional copies of the submission shall be provided upon request from the Director.

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

6. Electronic Reporting of EM&A Information

6.1 To enable public inspection of the Baseline Monitoring Report and monthly EM&A Reports during both construction and operation via the Environmental Impact Assessment Ordinance Internet Website and at the Environmental Impact Assessment Ordinance Register Office, electronic copies of the EM&A Reports shall be prepared in both 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. The electronic copies shall be submitted at the same time as the hard copies as described in Conditions 5.4 and 5.5 of this Pemit. 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. Submissions and Measures to be Provided for Operation

7.1 At least 8 weeks before commencement of operation, the Permit Holder shall submit to the Director for approval details of a two-year monitoring programme on the sedimentation rate and particle size at the estuary of the Shenzhen River.

7.2 All measures as stated in the approved monitoring programme as described in Condition 7.1 above shall be fully implemented.

7.3 The Permit Holder shall, within 12 months after the completion of construction of the new river channel, fully implement the restoration works for Meander M1 as shown in Figure 8.28 of the EIA Report, Meander M5 as shown in Figure 8.29 of the EIA Report and the temporary occupied fishponds located north of the Sandy Ridge Cemetery as shown in Figure 8.30 of the EIA Report.

7.4 The Permit Holder shall, within 12 months after the completion of construction of the new river channel, deposit with the Director 5 sets of detailed as-built drawings(s) showing the final location of the works as described in the above Condition 7.3. The restoration works shall be verified by the ET Leader as conforming to the recommendations in Section 8 of the EIA Report.

7.5 All measures described in the submissions deposited under Conditions 2.3 and 4.17 of this Permit shall be fully implemented.

7.6 The mitigation measures as stated in Conditions, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10 and 4.13 of this Permit shall be fully implemented during maintenance dredging to minimize water quality impact.

7.7 The Permit Holder shall implement measures described in Annex B to mitigate noise impact during maintenance dredging.

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

Measures to Mitigate Construction Noise Impacts

(i) The number of items of plant operating at the same time at the specified locations shall be minimized for each construction activity.

(ii) Mechanical equipment shall be arranged in a way that avoids clustering at the same spot.

(iii) Only well-maintained plant shall be operated on site and plant shall be serviced regularly.

(iv) Only quiet power mechanical equipment shall be used.

(v) Silencer(s) shall be installed for fixed equipment(s) such as compressor, concrete mixer, bulldozer, grab, and tip lorry, or the vibrating parts of the engines shall be isolated to reduce noise emission.

(vi) Silence(s) on construction equipment shall be properly maintained.

(vii) No whistling or horn-blowing is permitted on ships.

(viii) The construction workers on barges is prohibited from making sudden loud noises.

(ix) Silencer shall be installed on ship engines.

(x) Engine on ship without enclosure is prohibited.

Annex B

Measures to Mitigate Noise Impacts during Maintenance Dredging

(i) Only well-maintained plant shall be operated on site and plant shall be serviced regularly.

(ii) Only quiet power mechanical equipment shall be used.

(iii) Silencer(s) shall be installed for fixed equipment(s) such as compressor, concrete mixer, bulldozer, grab, and tip lorry, or the vibrating parts of the engines shall be isolated to reduce noise emission.

(iv) Silencer(s) on construction equipment shall be properly maintained.

(v) Idle equipment shall be switched off or decelerated.

(vi) Horn(s) with low sound level and good orientation shall be used on barges. If condition permits, lamplight shall be used to replace horn for signalling.

(vii) The construction workers on barges is prohibited from making sudden loud noises.

(viii) Silencer shall be installed on ship engines.

(ix) Engine on ship without enclosure is prohibited.

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