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 Hongkong Electric Co., Ltd (hereinafter referred to as 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 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)
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 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/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 and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site refers to the site of the construction, operation and/or decommissioning of the Project and shall mean the same hereinafter.

1.5 The Permit Holder shall display conspicuously 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 site.

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 contained in the EIA report (Register No. AEIAR-010/1999); Project Profile (Register No. PP-093/2000); other relevant documents in the Part A of this Permit; 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 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.

1.9 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.

1.10 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.

1.11 The Permit Holder shall notify the Director in writing at least 2 weeks prior to the date of commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the date.

1.12 The Permit Holder shall notify the Director in writing at least 6 months prior to the date of commissioning of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the date.

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 for Construction of the Project

2.1 No night-time construction works between 2300 and 0700 hours shall be allowed.

2.2 The Permit Holder shall deposit with the Director three sets of colour scheme no later than 1 month before commencement of the chromatic works of the Project. The Plan shall include an explanatory statement and drawings in 1:1000 scale or other appropriate scale outlining the visual and landscape mitigation measures.

2.3 All measures described in the submission deposited under Condition 2.2 of this Permit shall be properly implemented.

3. Submissions or Measures before Commissioning of the Project

3.1 An Environmental Team (ET) shall be established at least 6 months before the commissioning of the Project. 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 approved EM&A manual submitted under Condition 3.5 of this Permit. In additions, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

3.2 The Permit Holder shall employ an Independent Environmental Checker (IEC) at least 6 months before the commissioning of the Project. The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and 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.

3.3 All submissions for approval and deposition under Section 3 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, the Project Profile, and other documents stipulated in Part A of this Permit, before submission to the Director.

3.4 At least 6 months before commissioning of the Project, the Permit Holder shall submit to the Director for approval an Operational Plan to demonstrate that the operational scenarios of GT5 and GT7 shall comply with the air quality performance levels as presented in Document (6) of Part A of this Permit. The Operational Plan shall include proposals of any alternative and additional mitigation measures to achieve such compliance and be substantiated with detailed calculations. The Operational Plan shall also set out the monitoring and auditing requirements.

3.5 At least 3 months before commissioning of the Project, the Permit Holder shall submit an EM&A manual for the operational phase of the Project to the Director for approval. No operation of the Project shall commence before the Director has approved the EM&A manual.

3.6 At least 6 months before the commissioning of the Project, the Permit Holder shall submit to the Director for approval the programme and methodologies for monitoring the thermal plume of the spent cooling water discharge.

3.7 At least 3 months before the commissioning of the Project, the Permit Holder shall submit to the Director for approval an Emergency Plan, to include scenarios and the necessary remedial measures, for handling such situation(s) due to a sudden interruption in liquefied natural gas supply.

3.8 The Permit Holder shall deposit with the Director a Noise Control Study Report no later than 3 months prior to the commissioning of the Project. The Report shall demonstrate that the cumulative noise impact arising from the operation of Project and other existing and planned noise sources at the Lamma Power Station shall meet the recommendations and assumptions set out in the Project Profile and the EIA report.

4. Measures during the Operation Period

4.1 All designs and measures described in the submissions approved or deposited under Section 3 of this Permit shall be properly implemented.

4.2 The two converted Gas Turbines (GT5 and GT7) at existing Lamma Power Station shall be fuelled by liquefied natural gas from 2005 onwards, except under the situation(s) in the Emergency Plan approved under Condition 3.7 of this Permit.

5. Environmental Monitoring and Audit

5.1 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual submitted under Condition 3.5 of this Permit by :

(i) conducting baseline environmental monitoring as set out in the EM&A Manual; and
(ii) conducting impact environmental monitoring as set out in the EM&A Manual.

5.2 The remedial 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(s) set out in the Event/Action Plans, or as agreed by the Director.

5.3 Records of measurements and remedial actions taken under Conditions 5.1 and 5.2 respectively of this Permit 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.

5.4 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 Project. 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 by the Director.

5.5 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 EM&A Reports shall include a summary of all noncompliance (exceedances) of the environmental quality performance limits (Action and Limit levels). 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 by the Director.

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

6. Electronic Reporting of EM&A Information

6.1 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 5.4 and 5.5 of this Permit. 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.

6.2 All environmental monitoring data contained in the EM&A Reports submitted under Conditions 5.4 and 5.5 of this Permit 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 at least 2 weeks before the commissioning of the Project the internet address where the environmental monitoring data are to be placed. The internet website shall be made accessible to the public via a hyperlink at the EIAO Internet Website.

6.3 The internet website required in Condition 6.2 of this Permit 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) hyperlinking 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). Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and 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 environmental permit. The Permit Holder shall replace the original permit displayed on the 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 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 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 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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