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 Territory Development Department (hereinafter referred to as the "Permit Holder") to construct and operate the designated projects 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 (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 拓 展 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 。

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 Environmental Impact Assessment Ordinance (Cap. 499) and may become the 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 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 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 the site(s) of the construction and/or operation of the Project(s) 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 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(s) as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project(s) is/are designed, constructed and operated in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-040/2001); 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(s). 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 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 variations of the submissions shall be verified and certified by the Independent Environmental Checker (IEC) referred to in Condition 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(s) of construction of the Project(s) at least one month before the commencement of construction of the Project(s). The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date(s) 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). Electronic copies of all finalized submissions required under this Permit 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.

2. Submissions or Measures before commencement of Construction of the Project(s)

2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project(s). The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project(s).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 and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every 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 or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report 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 liable to suspension, cancellation or variation.

2.2 An IEC shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project(s). The IEC shall not be in any way an associated body of the Contractor or the ET for the Project(s). The IEC shall be a person who has at least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A programme, 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 change of circumstances or non-compliance with the recommendations of the EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project(s). In case 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.

3. Submissions or Measures for the Construction Period of the Project(s)

3.1 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project(s), 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(s). The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

3.2 The Permit Holder shall carry out dredging and filling works in phases for the Project(s) in accordance with:

(a) the sequence shown in Figure 5 to avoid formation of embayed water bodies and prevent water pollution problems; and

(b) the specified maximum dredging and filling volumes together with the maximum hourly dredging rates for each phase of activities shown in Table 1.

Any changes to the dredging and filling requirements in items (a) and (b) above shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA report. The changes shall be immediately documented in the following monthly EM&A report and be made available to the public, following the requirements in Conditions 5.2 and 5.3 below, via internet access in the shortest possible time and in no event later than 2 weeks after the changes have been certified.

3.3 For all underwater filling works using marine sand, the Permit Holder shall carry out such works behind seawalls to avoid dispersion of suspended solids into the sea outside the works limit. The seawalls shall be located in accordance with Figure 5 and shall be substantially completed with their top levels above +2.5mPD at the time of filling. All filling works shall be at least 100m or more from any incomplete section of the seawall leading to the sea. In the event that the aforesaid conditions cannot be achieved, the Permit Holder shall provide suitable silt curtains around the filling works to prevent the dispersion of suspended solids.

For all underwater filling works using public fill, the Permit Holder shall carry out such works behind fully enclosed seawalls, with their top levels above +2.5mPD at the time of filling. The locations of these fully enclosed seawalls are shown in Figure 5.

3.4 Closed grab dredgers shall be used during dredging of the Project(s) to avoid dispersion of suspended solids into the sea.

3.5 The Permit Holder shall properly maintain all barges for transporting dredged materials for the Project(s) to prevent leakage of fill materials to the sea during loading and transport.

3.6 The Permit Holder shall not stockpile any dredged marine sediment on site to avoid runoff and odour nuisances.

3.7 The Permit Holder shall install silt screens at the cooling water intakes and Wan Chai WSD intake, with locations shown in Figure 6, when carrying out dredging works of the Project(s) to prevent suspended solids from being drawn into the above intakes. The Permit Holder shall properly maintain the silt screens and regularly remove the floating debris and any substances blocking the screens until completion of the dredging and filling works of the Project(s).

3.8 In addition to the measures required in Condition 3.7, where dredging works of the Project(s) is to be carried out concurrently with that of the Wan Chai Development Phase II project (of which the location is shown in Figure 1), the Permit Holder shall install silt curtains around dredging locations in the Project(s) to prevent dispersion of suspended solids into the sea. The Permit Holder shall properly maintain the silt curtains and regularly remove the floating debris and any substances blocking the curtains until the completion of the dredging works of the Project(s) and the Wan Chai Development Phase II project.

3.9 Upon completion of the eastern seawall of the Project(s) as shown in Figure 7, the Permit Holder shall use silt curtain(s) that extend from the water surface to the seabed to channel water discharge flow from Culvert L to locations outside the embayment area shown in Figure 7. The Permit Holder shall properly maintain the silt curtain(s) until the Wan Chai Development Phase II contractor takes possession of the above embayment area.

3.10 The Permit Holder shall collect floating debris within the works limit of the Project(s) shown in Figure 1 at least once everyday during the reclamation period. In the water body near the cooling water intakes, the Permit Holder shall collect debris at least three times a day to prevent accumulation of large debris which would affect the intake operations. The frequency of collecting floating debris shall be documented in the monthly EM&A reports and be made available to the public, following the requirements in Conditions 5.2 and 5.3 below, via internet access in the shortest possible time and in no event later than 2 weeks after implementation.

3.11 The Permit Holder shall deposit with the Director 3 sets of drawings of appropriate scales, say 1:500, showing the exact locations and details of temporary noise barriers to mitigate construction noise impacts on the Central Barracks and City Hall respectively from the following works (as shown in Figures 8 to 10):

(a) Road P2 and drainage works to the north of Central Barrack (Figure 8);

(b) Central-Wan Chai Bypass and drainage works to the north of Central Barrack (Figure 8);

(c) Hong Kong Station Extended Overrun Tunnels to the north of Central Barracks (Figure 9);

(d) North Island Line protection works to the north of Central Barracks (Figure 9); and

(e) Culvert F extension piling works to the north of City Hall (Figure 10).

The temporary noise barriers shall be in the form of site hoardings, with heights ranging from 3 to 5 m, surface density of at least 7 kg/m2 and cranked top.

The drawings showing the temporary noise barriers shall be certified by the ET Leader and verified by the IEC as conforming to the conclusions and recommendations in the EIA Report. These drawings shall be deposited with the Director at least one month before the construction of the above works.

3.12 The Permit Holder shall construct and place the temporary noise barriers required in Condition 3.11 as close as possible to the works described in the same condition to mitigate construction noise impacts on the Central Barracks and City Hall respectively.

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

4.1 The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements in the EM&A Manual. Any 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.

4.2 At least 2 weeks before the commencement of any construction works, the Permit Holder shall set up a continuous noise monitoring mechanism to the satisfaction of the Director. The mechanism shall include a system to report the monitoring results on a website within a period of 2 working days, after the relevant noise monitoring data are collected or become available. This system shall be provided throughout the entire construction period. In the event that the measured noise levels exceed the worst case scenario(s) predicted in the EIA report, the Permit Holder shall take immediate action(s) to activate remediation measures following the procedures specified in the EM&A Manual.

4.3 The Permit Holder shall take samples and measurements in accordance with the requirements in the EM&A Manual by:

(a) conducting baseline monitoring on water quality, noise and air quality as set out in the EM&A Manual;

(b) conducting impact monitoring on water quality, noise and air quality as set out in the EM&A Manual;

(c) carrying out remedial actions in accordance with the Event/Action Plans, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and

(d) logging and keeping records of the details of (a) to (c) above for all parameters except for construction noise, within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

4.4 All environmental monitoring and audit data submitted under this Permit shall be true and correct.

4.5 Two hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of any construction works. The submissions shall be verified and certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

4.6 Two hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the 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 The Permit Holder shall fully and properly carry out actions described in the Event/Action Plans of the EM&A Manual, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.

5. Electronic Reporting of EM&A Information

5.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML)(version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and 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 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 he Director. The content of the electronic copies of these Reports must be the same as the hard copies.

5.2 All environmental monitoring data described in Condition 5.1 above, except for construction noise data described in Condition 4.2 in which reporting is required within 2 working days, 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 data 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 data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

5.3 The internet website as described in Condition 5.2 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 (water quality, noise and air quality); 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(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 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(s) may, before he assumes responsibility of the designated project(s), 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(s), another environmental permit must be obtained under the Ordinance before the Project(s) 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(s) 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.

Table 1 : Dredging and Filling Schedules
(Modified from Table 10.14 of the EIA report)

@ This should be read in conjunction with Figure 5.

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