Environmental Permit
No. EP-137/2002
環境許可證編號EP-137/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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
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 NEW
TERRITORIES EAST DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT 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 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新界東拓展處(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﹕-
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Application No. 申請書編號： |
AEP-137/2002 |
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Document in the Register: 登記冊上的文件： |
1. Tseung
Kwan O Roads D1, D8 and D10 (Register No. AEIAR – 046/2001) [Hereinafter
referred to as "the EIA report"] 將軍澳道路D1,D8及D10 (登記冊編號﹕AEIAR-046/2001) [下稱“環評報告”] 2.
Application documents including all attachments submitted by the
Permit Holder on 26 April 2002 (Application No. AEP-137/2002) 許可證持有人於2002年4月26日提交的申請文件包括所有附件(申請書編號﹕AEP-137/2002) |
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Date 日期 |
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(Elvis
W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for
the Director of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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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:
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Title of Designated Project 指定工程項目的名稱 |
Road D1 (Section from Road D4 to Road L654)
[This designated project is hereinafter referred to as “the Project”] D1路(D4路至L654路的一段) [本指定工程項目下稱“工程項目”] |
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Nature of Designated Project |
Roadworks 道路工程 |
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Location of Designated Project 指定工程項目的地點 |
Tseung Kwan O. The
location of the Project is shown in Figure 1 attached to this Permit. 將軍澳。工程項目的地點如本許可證圖1所示。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
1. Construction of a 500-metre
long dual-2 lane Road D1 between its intersections with Road D4 and Road
L654. 在與D4路及L654路的交匯處建造一條500米長的雙程雙線D1路。 2. Construction of footpaths,
cycle tracks, and associated drainage and landscaping works. |
1. General Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person 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 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 and operation of the
Project 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-046/2001);
or the 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 (Cap.499). All submissions or any
variation of the submissions shall be certified by the Environmental Team (ET)
Leader and verified by the Independent Environmental Checker (IEC) 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 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 of construction of the Project no
later than one month 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).
1.13
For the purpose of this Permit, “commencement
of construction” does not include works related to site clearance and
preparations, or other works as agreed by the Director.
2. Special
Conditions
2.1
An 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 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 in 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
The Permit
Holder shall, within one month 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.
Measures to Mitigate Noise Impacts
2.4 Before
commencement of construction of the Project, the Permit Holder shall deposit
with the Director 3 copies of construction phase noise mitigation plan which
shall consist of a layout plan (at least 1:1000 scale) and explanatory statement
showing the construction plant to be used and the noise mitigation measures to
be adopted during different stages of construction of the Project. The construction
phase noise mitigation plan shall be certified by the ET Leader and verified by
the IEC as conforming to the requirements set out in section 4.6 of the EIA Report
before deposit. During construction of the Project, the noise mitigation
measures as stipulated in the construction
phase noise mitigation plan shall be implemented.
2.5
The Permit
Holder shall provide the following traffic noise mitigation measures:
(a)
Two sections of
cantilevered noise barrier (5.5m high with 2.5m cantilever length at 45 degrees
to the horizontal) of about 95m and 125m long at 1m from kerb side of Road D1
adjacent to Area 65B.
(b)
A cantilever
noise barrier (5.5m high with 2.5m cantilever length at 45 degrees to the
horizontal) of about 85m long behind the footpath of Road D1 adjacent to the
bus layby near Area 65B.
(c)
Two sections of
5m high vertical noise barrier of 50m and 40m long behind the footpath at the
junction of Road D1/Road L654.
The locations and typical sections of the noise barrier are indicated
in Figure 1 attached to this Permit. Each noise barrier shall be a continuous
structure with no gaps or openings. The above traffic noise mitigation measures
shall be completed before commencement of operation of the Project. For this
purpose, the Permit Holder shall deposit with the Director 3 copies of audit
report, certified by the ET Leader and verified by the IEC, demonstrating the
satisfactory completion of the traffic noise mitigation measures.
Measures to Mitigate
Landscape and Visual Impacts
2.6 At
least one month before the commencement of the landscape works of the Project,
the Permit Holder shall notify the Director of the commencement date and
deposit with the Director 3 sets of landscape plan. The landscape plan shall
include an explanatory statement and drawings in 1:1000 scale or other
appropriate scale outlining the landscape and visual mitigation measures. The landscape plan shall be certified
by the ET Leader and verified by the IEC as conforming to the requirements set
out in section 8.7 of the EIA Report before deposit.
2.7 Within
12 months after completion of construction works, the Permit Holder shall have
provided landscape and visual mitigation measures in accordance with the
landscape plan as deposited in Condition 2.6 above. For this purpose, the
Permit Holder shall deposit with the Director 3 copies of audit report,
certified by the ET Leader and verified by the IEC, demonstrating the
satisfactory completion of the landscape and visual mitigation measures.
Measures to Mitigate Potential
Landfill Gas Hazard
2.8 Void
around any service ducts, pipes or cables within conduits shall be filled with
gas resistant mastic; and all ducts, manholes, and chambers shall be sealed off
from ground to prevent gas entry and provided with vented covers. For this
purpose, before commencement of construction of the project, the Permit Holder
shall deposit with the Director 3 copies of audit report, certified by the ET
Leader and verified by the IEC, demonstrating that the above measures have been
incorporated into the design drawings and/or relevant contracts. In addition,
before commencement of operation of the project, the Permit Holder shall
deposit with the Director 3 copies of audit report, certified by the ET Leader
and verified by the IEC, demonstrating the satisfactory completion of the above
measures.
3. Environmental Monitoring and Audit
3.1
The EM&A
programme shall be implemented in accordance with the procedures and requirements
in the EM&A Manual of the EIA report.
Any changes to the EM&A programme shall be justified 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.
3.2
The Permit Holder
shall submit two hard copies and one electronic copy of the Baseline Monitoring
Report to the Director at least 2 weeks before the commencement of construction
of the project. The submissions
shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission
shall be provided upon request from the Director.
3.3
The Permit
Holder shall submit two hard copies and one electronic copy of monthly EM&A
Report to the Director within 2 weeks after the end of the reporting month. The submissions shall be certified by
the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided upon request from
the Director.
3.4
The actions
described in the Event /Action Plans of the EM&A Manual shall be fully and
properly carried out, in accordance with the time frame as set out in the
Event/Action Plans, or as agreed by the Director.
3.5
All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
4. Electronic Reporting of EM&A Information
4.1
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 Conditions 3.2 and 3.3 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.
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.
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