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
A DESIGNATED PROJECT
建 造 指 定 工 程 項 目 的 環 境 許 可 證

Pursuant to section 10 of the Environmental Impact Assessment Ordinance, 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 the designated project described in Part B subject to the conditions specified and attached in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:-

根 據 環 境 影 響 評 估 條 例 第 10條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 ） 將 本 環 境 許 可 證 批 予 拓 展 署 (下 稱 "許 可 證 持 有 人 ")以 建 造 B部 所 說 明 的 指 定 工 程 項 目 ﹐ 但 須 遵 守 C部 所 指 明 或 附 載 的 條 件 。 本 環 境 許 可 證 的 發 出 ， 乃 依 據 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 as the "Permit"):-
下 列 為 本 環 境 許 可 證 (下 稱 "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 (the Permit). Any non?compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (the Ordinance) and may become the subject of appropriate action being taken under the Ordinance.

1.2 This 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), 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(s) and ensure that such person(s) fully understand all conditions and all requirements incorporated by the Permit. The site(s) refers to the site(s) of the construction 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 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 the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations described in the EIA Report (EIAO Register No. AEIAR-019/1999) and the EHMP referred to in Part A of this Permit 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 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 submission

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

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. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for 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 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. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. 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. 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.

2.3 Before the commencement of construction works, the Permit Holder shall deposit to the Director 3 sets of 1 in 1000 scale layout drawings, with an Explanatory Statement showing the works boundaries, drainage channel, ancillary road alignments and any other facilities assessed in the EIA Report/Ecological Habitat Management Plan. The layout drawings shall indicate the locations of environmental mitigation measures recommended in the EIA Report (Register No AEIAR-019/1999) and the Ecological Habitat Management Plan referred to in this Permit. The layout drawings and the Explanatory Statement so provided shall be verified and certified by the IEC as being in conformity to the information and recommendations contained in the EIA Report (Register No AEIAR-019/1999) and the Ecological Habitat Management Plan referred to in this Permit. The Project shall be constructed in accordance with the information and recommendations contained in the EIA Report (Register No AEIAR-019/1999) and the Ecological Habitat Management Plan.

2.4 The Permit Holder shall deposit to the Director 3 sets Landscape Master Plan (the Plan) of scale 1 to 1000 scale or other appropriate scale as agreed by the Director, no later than 3 months after the commencement of construction of the Project. The Plan shall incorporate the landscape and visual mitigation measures detailed in Appendix I and show the detailed landscape proposals during the construction and operation stages of the Project for compliance of recommended landscape and visual mitigation measures in the EIA Report (Register No AEIAR-019/1999), and an implementation programme of the landscape works. The Plan shall include a management and maintenance schedule indicating how the landscape features will be managed and maintained. The Plan shall be verified and certified by the IEC, as being in conformity to the information and recommendations contained in the EIA Report (Register No AEIAR-019/1999). The Permit Holder shall provide additional copies of the Plan to the Director upon request from the Director. All measures recommended in the approved Plan shall be fully implemented in accordance with the details and time schedule set out in the Plan.

2.5 The Permit Holder shall submit for the Director's approval 3 sets of Contamination Assessment Report (CAR) and Remediation Action Plan (RAP), which incorporates the findings of the contamination assessment and the remediation actions recommended for the Project. The CAR and RAP shall be verified and certified by the IEC and submitted to the Director at least 4 weeks before the commencement of construction of the relevant works. No works on the identified contaminated sites shall be carried out unless and until the CAR and RAP submitted are approved by the Director. The recommendations of the CAR and RAP shall be fully implemented.

3. Measures during the Construction Period

3.1 All design and construction measures described in the agreed Ecological Habitat Management Plan and the submissions approved or deposited under section 2 above shall be fully implemented.

3.2 Engineered bunds shall be constructed at 50m from the western embankment at the locations shown in Figure 2 before any construction works commence at the hatched areas to reduce the adverse construction phase impacts. Area west of the bunds shall remain undrained during bund construction. Otherwise, the area shall be refilled with water immediately after bund construction.

3.3 The channel bottom and inner sides of the section of the channel banks, as shown in Figure 3 of this Permit, shall be lined with grasscrete in accordance with the details in section 3.6.4.13 of the EIA Report (Register No. AEIAR-019/1999) and the details specified in the Ecological Habitat Management Plan.

3.4 The area between the eastern embankment of the Project and the perimeter of the Lok Ma Chau Boundary Crossing, as shown in Figure 3 of this Permit, shall be constructed as a wetland habitat in accordance with the recommendations, information and time schedule as detailed in the EIA Report (Register No. AEIAR-019/1999) and the Ecological Habitat Management Plan.

3.5 The eastern and western embankments shall be planted with plant species specified in the Ecological Habitat Management Plan and in accordance with the time schedule set out in the Ecological Habitat Management Plan.

3.6 The Permit Holder shall keep the documentation proof with respect to the liaison and negotiation with the Architectural Services Department on the integration of the mitigation measures for the Project and the upgrading works of the Lok Ma Chau Boundary Crossing Facilities. The document(s) shall be made readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit.

3.7 The Permit Holder shall limit the use of side-ways leading to the access road of the Project to minimize the disturibance to the wetland.

4. Environmental Monitoring and Audit Requirements

4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements set out in the EM&A Manual. Any changes to the programme shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.

4.2 Samples and measurements for noise, air quality, water quality and ecological monitoring shall be taken in accordance with the requirements of the EM&A Manual of the EIA Report:
mentioned in section A of this permit

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

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

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

d) logging and keeping records of the details of a) to c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the Environmental Monitoring and Audit Reports and Independent Environmental Checker's Report, and to make available the information for inspection on site.

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

4.4 Four copies and one soft copy of the Baseline Monitoring Report verified by the Independent Environmental Checker shall be submitted to the Director 4 weeks before the commencement of any construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.

4.5 Four copies and one soft copy of monthly EM&A Report verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days after the end of the reporting month. Additional copies of the monthly EM&A Report may be required by the Director.

4.6 The submitted reports as required in condition 4.4 and 4.5 shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise specified 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 submitted at the same time as the hard copies as described in Conditions 4.4 and 4.5 above. 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.

Notes:

1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.

2. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original Permit displayed on the construction sites, 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 for the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director may, with the consent of the Secretary for Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction sites.

5. If this permit is cancelled or surrendered during the construction 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 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.

Environmental Permit No. EP-124/2002

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