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 Environmental Impact Assessment Ordinance 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 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 site(s) of construction of the Project(s) and shall mean the same hereafter.

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(s).

1.6 The Permit Holder shall construct and operate the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-032/2000); 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 submissions, as required under this Permit, shall be rectified and resubmitted 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 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. All submissions or any variation of the submissions shall be verified by the Environmental Team (ET) Leader or the Independent Environmental Checker (IEC) referred to in Condition 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 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.

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 before Commencement of Construction of the Project

2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than two weeks before the commencement of construction of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years' experience in environmental monitoring and auditing (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for duties defined in the EM&A Manual submitted and approved under Condition 2.3 of this Permit. 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 ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report (Register No. AEIAR-032/2000) or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the EIA Report recommendations and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit to suspension, cancellation or variation.

2.2 An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than two weeks before the commencement of construction of the Project. The IEC shall be a person who has at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual submitted and approved under Condition 2.3 of this Permit, and shall audit the overall EM&A programme described in the EIA Report (Register No. AEIAR-032/2000), including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within 24 hours of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-032/2000) or this Permit, which might affect the monitoring or control of adverse environmental impact. Where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition. The IEC shall not be in any way an associated body of the Contractor or the Environmental Team for the Project.

2.3 No later than one week 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. The EM&A Manual shall include the latest information of the EM&A programme including the change of responsibility of the independent Environmental Project Office (ENPO) on routine monitoring works. 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".

3 Submissions or Measures for the Construction of the Project

3.1 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.

3.2 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 which is the basis upon which this Permit is issued. 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 6.5 of Annex M 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 by the Permit Holder and any contractor working on the Project throughout the construction period.

3.3 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, deposit with the Director 3 sets of landscape proposal to mitigate the potential landscape and visual impacts arising from the construction and operation of the Project. The landscape proposal shall include an explanatory statement, design drawings and layout plans of landscape areas at a scale 1 to 1000 or other scales as considered appropriate by the Director. The submission shall also include an implementation programme with clear identification of the responsibility for the funding, implementation, management and maintenance of the landscape and visual mitigation measures as recommended in the EIA Report which is the basis upon which this Permit is issued. The submission shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in Section 7 of Annex M of the EIA Report. The Permit Holder shall make available additional copies of the landscape proposal to the Director upon his request. All landscape and visual mitigation measures shall be implemented by the Permit Holder and any contractor working on the Project in accordance with the details and time schedule as set out in the landscape proposal deposited with the Director.

3.4 No works shall be carried out within the former Cheoy Lee Shipyard at Penny's Bay as shown in Figure 2 unless and until:

(a) the EIA report for the Decommissioning of Cheoy Lee Shipyard at Penny's Bay is approved by the Director and the necessary environmental permit granted, and the decommissioning works at the part of the former Shipyard site relevant to this Project satisfactorily completed; and

(b) prior written approval has been obtained from the Director.

3.5 The Permit Holder and any contractor working on the Project, shall use the excavated materials from the Project for Penny's Bay Reclamation and/or Yam O Reclamation unless otherwise approved by the Director.

3.6 To control the potential hazard on the personnel constructing the proposed pumping station at Yam O, the explosives magazine of the Project at Yam O shall be located at the southern end of the area coloured red as shown in Figure 2 of this Permit or otherwise agreed with the Director.

4 Submissions or Measures for the Operation of the Project

4.1 Prior to the operation of the Project, the Permit Holder shall submit to the satisfaction of the Director a proposal for performance test(s) to illustrate that the 8-car Electric Multiple Unit train would meet the specification of maximum level (Lmax) not exceeding 89 dB(A) at 130kph measured at 25m from ballasted tracks supporting continuously welded rail. The performance test proposal shall be certified by the ET Leader and verified by the Independent Environmental Checker.

4.2 Prior to the operation of the Project, the Permit Holder shall submit to the satisfaction of the Director a report on performance test of the disc braked Electric Multiple Unit train on the basis of Condition 4.1 above. The performance test report shall be certified by the ET Leader and verified by the Independent Environmental Checker.

5 Environmental Monitoring and Audit during the Construction Period

5.1 The EM&A programme shall be implemented as set out in the approved EM&A Manual submitted under Condition 2.3. Any change to the changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.

5.2 Three hard copies and one soft copy of Quarterly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting period. Additional copies of the submission shall be provided to the Director upon request by the Director.

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

5.4 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.

6 Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the 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 Condition 5.2 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 results described in Condition 6.1 above shall be made available to the public via internet access in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring results are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing, within 6 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring results 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 4.2 above shall enable user-friendly public access to the monitoring data with features capable of:

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

(b) searching by date;

(c) searching by types of monitoring data; and

(d) hyperlinking 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.

Environmental Permit No.: EP-120/2002

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