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 EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Civil Engineering Department (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The Environmental Permits No. EP-060/2000, EP-061/2000 and EP-062/2000 are hereby replaced by this environmental permit.

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 土 木 工 程 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 列 明 的 條 件 。 環 境 許 可 證 編 號 EP-060/2000, EP-061/2000 及 EP-062/2000已 被 本 環 境 許 可 證 所 取 代 。

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 (hereinafter 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 being 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) 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 the 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. 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 conspicuously a copy of this Permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public's 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 site.

1.6 The Permit Holder shall construct and operate (if applicable) 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-032/2000) and the NLDFS EIA Report (Register No.: AEIAR-031/2000); 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. All submissions or any variations of the submissions shall be verified and certified by the independent Environmental Checker (IEC) or the Environmental Team (ET) Leader referred to in Conditions 2.1 and 2.2 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than 4 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.

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

2. Submissions or Measures for the Construction of the Project

2.1 An Independent Environmental Checker (IEC) shall be employed no later than two months before the commencement of construction of the Project. The IEC shall have at least 7 years' experience in environmental monitoring and audit (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 and certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.2 An Environmental Team (ET) shall be established no later than two months before the commencement of construction of the Project. The ET shall be supervised by the ET Leader who has at least 7 years' 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 as contained in the approved EM&A Manual submitted and approved under Condition 2.3 of this Permit.

2.3 No later than one month before the commencement of construction of the Project, the Permit Holder shall submit for the Director's approval an Environmental Monitoring and Audit (EM&A) Manual for the construction of the Project. Before submission to the Director, the EM&A Manual shall be certified by the ET Leader 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 and properly implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved under this condition shall hereinafter be referred to as "the EM&A Manual".

2.4 To oversee the cumulative environmental impacts arising from the developments in Penny's Bay and the adjoining areas, the Permit Holder shall set up an independent Environmental Project Office (ENPO) in accordance with Section 3 of Annex N in the EIA Report or the EM&A Manual approved under Condition 2.3 of this Permit unless otherwise agreed with the Director. The ENPO shall be formed before the commencement of construction of the Project or within 2 months as directed by the Director in the event there is a need to control multiple contracts within the Penny's Bay and the adjoining areas.

2.5 Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval within 4 weeks after the commencement of construction of the Project. The Plan 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 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 include the recommended mitigation measures on waste management in Section 6.7 and Section 16 of the EIA Report. Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials. All measures in the Plan shall be fully and properly implemented throughout the construction period.

2.6 To avoid impacts on the rare/restricted/protected species including without limitation to Rice Fish (Oryzias latipes) in Mong Tung Hang Stream, Pitcher Plant (Nepenthes mirabilis), Fimbristylis acuminata, Fimbristylis complanata and Schoenus falcatus at the western coastline of Penny's Bay, near Cheoy Lee Shipyard and Chok Ko Wan Tsui, no works shall be carried out within the areas where rare/restricted/protected species are found as shown in Figure 7.6a of the EIA Report before the completion of a detailed vegetation survey. Three sets of detailed vegetation survey reports shall be deposited with the Director within 8 weeks after the commencement of construction of the Project. The survey report shall be certified by the ET Leader and verified by the IEC before submission. The survey report shall indicate the detailed setting out of the Project site boundary and demonstrate that the impacts are avoided or minimized to the most practicable extent. The survey report shall include a transplantation schedule and a 3-year monitoring programme after transplantation of the rare/restricted/ protected species which will be affected by the construction activities. No construction works of the relevant part(s) of the Project shall be carried out prior to the transplantation of plant species.

2.7 Three sets of Landscape Plan for the Chok Ko Wan Link Road and the Road P2 shall be deposited to the Director within 6 months after the commencement of construction of the Project. Prior to the submission, the Landscape Plan shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations on landscape and visual mitigation measures contained in the EIA Report, particularly for the cut slopes and the viaducts. To minimise landscape and visual impacts, the road slope design considerations of Chok Ko Wan Link Road and Road P2 shall include but not limited to: (i) use of wire mesh rather than shotcrete to allow exposed rockface; (ii) bench and lift design with associated planting; and (iii) coloured shotcrete where there is no alternative to its use. Roadside planting shall take into account of screening effects and creating biodiversity and visual interest. All measures in the Landscape Plan shall be fully and properly implemented in the construction period.

2.8 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.

2.9 As set out in Section 6.5.20 of the EIA Report, no less than 1.2 million m3 of public fill shall be used in the Yam O Reclamation. Three sets of fill import programme shall be deposited with the Director within 6 weeks after the commencement of construction of the Project. The programme shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report and shall demonstrate that the total amount of public fill imported for the Project shall not be less than 1.2 million m3, unless otherwise agreed with the Director. The actual amount of fill imported for the Project shall be recorded and reported in the monthly EM&A reports as described under Condition 4.6 of this Permit.

Measures to Mitigate Water Quality Impacts during Construction

2.10 As set out in Section 6.5.7 of the EIA Report, dredging of marine sediment in the Yam O Reclamation shall be limited to the seawall area and the amount of marine sediment to be dredged shall not be greater than 0.3 million m3, unless otherwise agreed with the Director. The actual amount of marine sediment dredged for the Project shall be recorded daily and reported in the monthly EM&A reports as described under Condition 4.6 of this Permit.

2.11 The reclamation sequence of the Yam O Reclamation shall be scheduled to avoid formation of embayed water bodies and prevent water pollution problems. Three sets of seawall construction and reclamation schedule shall be deposited with the Director at least two weeks before the commencement of construction of the Yam O Reclamation. The schedule shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA reports. The reclamation works shall be carried out according to the sequence as indicated in the reclamation schedule deposited with the Director, unless otherwise agreed with the Director.

2.12 No more than one grab dredger shall be used for the dredging works of the Yam O Reclamation and the maximum dredging rate shall not be more than 2,000 m3 per day.

2.13 Sand filling of the Yam O Reclamation shall be carried out by bottom dumping from split barges and the maximum filling rate shall not be more than 14,000 m3 per day.

2.14 To ensure that any fine sediment lost shall not be dispersed outside the works area, all filling activities of the Yam O Reclamation shall be carried out behind seawalls which shall have been constructed to above high water level and at least 100 m in advance of the filling point. In the event that the 100 meters lead of seawall construction is not practicable, other suitable barriers shall be implemented to provide an effective lead of 100 meters upon prior written approval by the Director.

2.15 The following general working methods shall be implemented during dredging and filling works of the Yam O Reclamation to minimise the loss of fine sediment to suspension:
(a) tightly closing grabs shall be used to restrict the loss of fine sediment to suspension; and
(b) all barges used for the transport of dredged materials shall be fitted with tight bottom seals in order to prevent leakage of material during loading and transport.

2.16 Monitoring of Tributyl Tin (TBT), Polycyclic Aromatic Hydrocarbons (PAHs) and Polychlorinated Biphenyls (PCBs) levels in waters shall be carried out before and during the initial phases of dredging operations in Yam O. The details of the monitoring shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.17 Additional water quality monitoring stations shall be established at the Ma Wan Fish Culture Zone. The details of the monitoring shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.18 To protect the water quality in the Western Drainage Channel as shown in Figure 2 attached to this Permit, all surface run-off from the road projects at Penny's Bay shall be collected, treated by silt traps and oil and grit interceptors and shall not be discharged into the Western Drainage Channel. The design of the stormwater drainage system shall be deposited with the Director within 6 months after the commencement of construction of the Project. Before submission to the Director, the design of the stormwater drainage system shall be certified by the ET Leader and verified by the IEC as conforming to the EIA Report.

2.19 The stormwater drainage system shall be constructed in accordance with the design drawings deposited with the Director under Condition 2.18 of this Permit.

2.20 To prevent spilled oil, fuel and chemicals from reaching the receiving waters, all fuel tanks and chemical storage areas within the Project shall be sheltered from rain water and surrounded by bunds with a minimum capacity of 110% of the storage capacity of the largest tank. All fuel and chemical storage areas shall be provided with locks and be sited on sealed areas. Guidelines and procedures shall be prepared and implemented for immediate clean-up actions following any spillage of oil, fuel or chemicals, and shall be certified by the IEC and deposited with the Director within 2 months after the commencement of construction.

2.21 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Appendix A shall be implemented throughout the construction period.

Measures to Mitigate Terrestrial Ecological Impacts during Construction

2.22 Natural coastline along the western side of the Western Drainage Channel as shown in Figure 2 attached to this Permit shall be protected and preserved at all time during construction. No discharge of surface run-off or any effluent or disposal of any construction materials shall be allowed into the Western Drainage Channel. No construction activity shall be carried out in the immediate vicinity of the coastline along the western side of the Western Drainage Channel.

2.23 To prevent access of workers to the nesting site of the White-bellied Sea Eagles, public land access from the Project works areas to Pa Tau Kwu shall be fenced off within 4 weeks after the commencement of construction.

2.24 To avoid disturbance to the White-bellied Sea Eagles at Pa Tau Kwu, no construction activity, including transportation of equipment, shall be allowed at Pa Tau Kwu headland as shown in Figure 2 attached to this Permit.

2.25 To avoid disturbance to the White-bellied Sea Eagles at Pa Tau Kwu, quiet plant as described in Section 4.6.6 of the EIA report shall be adopted for any construction activities within areas as shown in Figure 2 attached to this Permit.

2.26 Monitoring of the White-bellied Sea Eagles at Pa Tau Kwu shall be carried out during the entire construction period. The details of the monitoring shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.27 Three sets of detailed design and method statement for the re-creation of stream courses which will be affected by the site formation works of the Chok Ko Wan Link Road shall be deposited with the Director at least 4 weeks prior to the commencement of the site formation works. The re-created stream courses shall have natural substrate so as to provide suitable habitats for the colonisation of stream invertebrates. The selected substratum shall resemble the existing stream conditions.

Measures to Mitigate Marine Ecological Impacts

2.28 The seawall of the Yam O Reclamation shall be designed and constructed to allow for rehabilitation of sub-tidal and inter-tidal habitats. Three sets of seawall design drawings shall be deposited with the Director within 3 months after the commencement of the construction of the Project. The design drawings shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA Report and shall show the key design features to demonstrate that the seawall design can allow for rehabilitation of sub-tidal and inter-tidal habitats. The seawall shall be constructed in accordance with the deposited seawall design drawings deposited with the Director. Three sets of the as-built drawings of the seawall construction shall be deposited with the Director within 3 months after the completion of the seawall construction works to show that design features for rehabilitation of sub-tidal and inter-tidal habitats are actually built.

2.29 The speed of any construction ferries and vessels shall not exceed 10 knots when passing through an area within 500 meters from the reclamation limit as shown in Figure 3 attached to this Permit.

2.30 No underwater blasting shall be allowed.

2.31 No underwater percussive piling shall be allowed in the area as shown in Figure 4. For other areas of the Project, if any underwater percussive piling is required, the following mitigation measures shall be taken:

(a) An exclusion zone of 500 m radius shall be scanned around the work area for at least 30 minutes prior to the start of the piling. If cetaceans are observed in the exclusion zone, piling shall be delayed until they have left the area;

(b) A bubble curtain shall be used to surround the piling barge and work area, and the bubble curtain shall be in operation during any time in which piling occurs; and

(c) The mitigation measures taken in (a) and (b) of this Condition shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA Report before any underwater piling works can be carried out.

Measures to Mitigate Cultural Heritage Impacts

2.32 The rescue excavation at Chok Ko Wan Archaeological Site shall be completed to the Director's satisfaction prior to any construction works commencing within the archeological site area as shown in Figure 5 attached to this Permit. To avoid potential impacts to two identified gave sites near Chok Ko Wan Tsui as shown in Figure 11.6a of the EIA Report, no construction work and no access by the construction workers shall be allowed to within 5m from the grave sites.

2.33 At the Wan Tuk Archaeological Site (as shown in Figure 6 attached to this Permit), the following mitigation measures shall be implemented:

(a) to protect the Wan Tuk Archaeological Site, the archaeological site area shall be covered with fill materials. Three sets of detailed design and method statement for the filling work on the Wan Tuk Archaeological Site shall be deposited with the Director at least 4 weeks prior to the commencement of the filling works at the Site;

(b) plastic sheets shall be used to cover the Wan Tuk Archeological Site area before filling works commence; and

(c) to prevent waterlogged conditions, no site runoff shall be allowed to discharge into the Wan Tuk archeological site area.

Other Mitigation Measures during Construction

2.34 No works except for investigation works necessary for the completion of the decommissioning EIA study for the Cheoy Lee Shipyard at Penny's Bay shall be carried out within the shipyard, unless prior written approval from the Director is obtained.

2.35 To reduce the quantity of construction and demolition wastes, wood hoarding shall not be used.

2.36 Hydroseeding to the Yam O Reclamation shall be undertaken if the lapse time between the completion of the reclamation and subsequent development is one year or more.

2.37 All mitigation measures, as described in the EM&A Manual and the submissions required under this Permit, shall be properly constructed and implemented.

3. Submissions or Measures for the Operation of the Project

3.1 No later than one month before the operation of the Water Recreation Centre at Penny's Bay, the Permit Holder shall submit for the Director's approval three hard copies and one soft copy of an Operational Environmental Monitoring and Audit (EM&A) Plan for the operation of the Water Recreation Centre. Before the submission to the Director, the EM&A Plan shall be certified by the IEC as conforming to the information and recommendations contained in the EIA Report.

3.2 The Operational EM&A Plan as required under Condition 3.1 of this Permit shall include without limitation:

(a) details of the impermeable liner used for the Artificial Lake of the Water Recreation Centre at Penny's Bay, including the lifespan of the liner and a schedule for the replacement of the liner;

(b) clean-up plan for any accidental spills of fuel, petroleum or other pollutants into the Artificial Lake; and

(c) water quality monitoring programme for the Artificial Lake.

3.3 The Operational Environmental Monitoring and Audit Plan approved under Condition 3.1 of this Permit shall hereinafter be referred to as "the EM&A Plan". All measures recommended in the EM&A Plan shall be fully and properly implemented in accordance with the requirements and time schedule(s) set out in the EM&A Plan.

3.4 Three sets of Waste Management Plan for the operational phase of the Water Recreation Centre shall be certified by the IEC as conforming to the EIA Report and submitted to the Director for approval at least 3 months before the operation of the Project. The plan shall include details of how the mitigation measures of operational waste management in Section 6.7 and Section 16 of the EIA Report will be implemented together with the arrangements for avoidance, minimisation, material recovery/recycling, collection, transportation and disposal of various types of waste generated during the operation of the Project as recommended in Section 6.7 and Section 16 of the EIA Report. The Waste Management Plan shall be reviewed and updated as necessary, on an annual basis.

Measures to Mitigate Water Quality during Operation

3.5 To prevent siltation in the Artificial Lake, stormwater run-off from surrounding hillsides shall pass through silt traps prior to entering the Artificial Lake.

3.6 Stormwater from any urban/developed areas shall not be allowed to enter the Artificial Lake.

3.7 To avoid impairing the water quality of in the Artificial Lake, monitoring of the quality of water from Tai Lam Reservoir shall be carried out prior to discharging water from the reservoir into the Artificial Lake. In the event that the monitored results showed that the water quality standards as stated in Table 5.9h of the EIA Report cannot be met, an alternate supply of water, of a quality that complies with the standards as stated in Table 5.9h of the EIA Report, shall be used.

3.8 Any algicide used in the Water Recreation Centre shall be biodegradable and with half-life of three days or less. A log book shall be kept to record the application of any algicide including the date and time, location of application, quantities applied, type of algicide used and weather conditions. The logbook shall always be readily available for inspection throughout the operation stage.

3.9 Discharge of water from the Artificial Lake into marine waters shall be prohibited within one week after application of any algicide.

3.10 To prevent accidental spills entering into the Artificial Lake, any fuel for motorised water sports vessels shall be stored in bunded areas of at least 110% of the capacity of the largest fuel storage container. Servicing of any water sports vessels shall be undertaken at suitable facilities at least 15m away from the Artificial Lake.

4. Environmental Monitoring and Audit (EM&A) for the Construction of the Project

4.1 The EM&A programme during construction shall be implemented as set out in the EM&A Manual approved under Condition 2.3 of this Permit. Any changes to the EM&A programme shall be justified by the IEC or ET Leader as conforming to the requirements set out in the EM&A Manual, and shall be approved by the Director.

4.2 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual by:

(a) conducting baseline monitoring as set out in the EM&A Manual; and

(b) conducting impact monitoring as set out in the EM&A Manual.

4.3 The remedial 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(s) set out in the Event and Action Plans, or as agreed with the Director.

4.4 Records of measurements and remedial actions taken under Conditions 4.2 and 4.3 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 or as requested by the Director.

4.5 Four hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director within one week before the commencement of any major construction works that 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.

4.6 Four hard copies and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks from the end of each reporting month. The submission 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.

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

4.8 The Permit Holder shall relay all environmental complaints regarding construction works to the Environmental Team and/or the ENPO in accordance with the EM&A Manual.

5. Environmental Monitoring and Audit (EM&A) for the Operation of the Water Recreation Centre

5.1 The EM&A programme during operation of the Water Recreation Centre shall be implemented as set out in the EM&A Plan approved under Condition 3.1 of this Permit. Any changes to the EM&A programme shall be justified by the IEC or ET Leader as conforming to the requirements set out in the EM&A Plan, and shall be approved by the Director.

5.2 The EM&A Plan as required under Condition 5.1 of this Permit shall contain monitoring locations, monitoring schedules, methodology, and qualification of monitoring team members.

5.3 Four hard copies and one soft copy of the monitoring reports shall be deposited with the Director within two weeks after the completion of each monitoring. The reports shall be certified by the IEC before deposit with the Director. If there are repeated non-compliances with the agreed water quality standards for the Water Recreation Centre recorded in the monitoring, the monitoring programme shall be continued after the first year operation as directed by the Director.

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

6. Electronic Reporting of EM&A Information

6.1 To enable the 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 monthly EM&A 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 4.5 and 4.6 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.

6.2 All environmental monitoring data as described in Condition 6.1 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. The Permit Holder shall notify the Director in writing within 8 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.

6.3 The internet website as described in Condition 6.2 above shall enable user friendly public access to the monitoring data and with features capable of:

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

(b) searching by data;

(c) searching by types of monitoring data (air quality, water quality and noise); and

(d) 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 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.

8. The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

Appendix A (as referred to in Condition 2.21)

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

(a) Surface Runoff

(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.

(iii) Silt removal facilities, channels and manholes shall be suitably maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning properly at all times.

(iv) Earthworks final surfaces shall be well compacted and the subsequent permanent work or surface protection shall be carried out immediately after the final surfaces are formed to prevent erosion caused by rainstorms. Appropriate intercepting channels shall be provided along the site boundary or at the locations agreed with the IEC or ET Leader. Rainwater pumped out from trenches or foundation excavations shall be discharged into storm drains via silt removal facilities.

(v) Open stockpiles of construction materials (e.g. aggregates and sand) on site shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

(vi) Manholes (including any newly constructed ones) shall always be adequately covered and temporarily sealed so as to prevent silt, construction materials or debris from getting into the drainage system, and to prevent storm run-off from getting into foul sewers. Discharges of surface run-off into foul sewers shall always be prevented in order not to unduly overload the foul sewerage system.

(b) Groundwater

Groundwater pumped out of wells, etc. for the lowering of ground water level in foundation construction shall pass through appropriate silt removal facilities before discharge into storm drains.

(c) General Construction Activities

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material can be minimised by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.

[ Back to First Page ] / [ Back to Main Index ]