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 MTR Corporation Limited (hereafter referred to as the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions described in and/or attached to 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地鐵有限公司(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部所說明或附載的條件。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-159/2003
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Document in the Register: 登記冊上的文件 :
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(1) Project Profile: “Modifications to MTRC Mong Kok Station Entrances C3 & C4” (Register No.: PP-184/2003). (1) 工程項目簡介: 「旺角地鐵站出口C3及C4改善工程」 (登記冊編號: PP-184/2003)。
(2) Application document submitted by the Permit Holder on 11 February 2003 (Application No.: AEP-159/2003). (2) 許可證持有人於2003年2月11日提交的申請文件 (申請書編號: AEP-159/2003)。
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Director’s Permission to Apply Directly for Environmental Permit: 署長准許直接申請環境許可證:
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Letter Reference: (19) in EP2/K3/A/03 信件檔號：(19) in EP2/K3/A/03
Date: 7 February 2003 日期: 2003年2月13日
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10 March 2003 |
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Date 日期 |
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(Elvis W. K. AU) Assistant Director (Environmental Assessment and Noise) for 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
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Modifications to MTRC Mong Kok Station Entrances C3 & C4 [This designated project is hereinafter referred to as “the Project”]
旺角地鐵站出口C3及C4改善工程 [本指定工程項目下稱「工程項目」]
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Nature of Designated Project
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Construction and operation of an approximately 40m pedestrian subway link causing a material change to the MTRC Mong Kok Station.
興建和運作約40米長的行人隧道並對旺角地鐵站構成實質改變。
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Location of Designated Project 指定工程項目的地點
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Mong Kok. The location of the project is shown in Figure 1 attached to this Permit.
旺角。圖1顯示工程的位置。
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Scale and Scope of Designated Project 指定工程項目的規模和範圍
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Construction and operation of an approximately 40m pedestrian subway link along Argyle Street and Portland Street for connection to the existing Mong Kok MTRC Station and a new office building namely URA K2 Development.
於亞皆老街及砵蘭街興建和運作一條約40米長的行人隧道，用作連接旺角地鐵站及一座市區重建局K2重建計劃的新商業大廈。 |
PART C (PERMIT CONDITIONS)
1. General Conditions
1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this environmental permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment (EIA) 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) and Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) imply any approval 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 EIA Ordinance Register Office.
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 construction and/or operation 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.
1.6 The Permit Holder shall construct and operate the Project in accordance with the project description 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 Project Profile (Register No. PP-184/2003), other relevant documents in the Register, the information and mitigation measures described in this Permit, 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, and 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. 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 the Permit. Any non-compliance with the submissions may constitute a contravention of the EIA Ordinance.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA 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 at least two weeks before 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 EIA 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.
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. Submissions and Measures Before the Commencement of Construction of the Project
2.1 An ET shall be established at least one week 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 audit (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme as contained in the approved EM&A Manual submitted under Condition 4.1 of this Permit. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the Project Profile (Register No. PP-184/2003) and each and every non-compliance with the recommendations of the Project Profile or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstance. This log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the Project Profile 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 liable to suspension, cancellation or variation. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.
2.2 An IEC shall be employed at least one week before the commencement of construction of the Project. The IEC shall have at least 7 years experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual submitted and approved under Condition 4.1 of this Permit, and 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 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 receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the Project Profile (Register No. PP-184/2003) 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 ET for the Project.
3. Submissions and Measures After the Commencement of Construction of the Project
3.1 The Permit Holder shall, within 2 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.
Subway Alignment
3.2 The Permit Holder shall construct the pedestrian subway alignment within the site area as shown in Figure 1 of this Permit. No new vent shaft shall be constructed with this project.
Measures to Mitigate Construction Noise Impacts
3.3 The Permit Holder shall erect movable noise barriers and noise enclosures according to Figure 2 of this Permit before any construction works commence, and shallmaintain the barriers and enclosures throughout the entire construction period of the Project. The sizes and locations of the barriers and enclosures shall be adjusted wherever and whenever necessary in order to protect the noise sensitive receivers. The barriers shall have no openings or gaps, and shall have a superficial surface density of at least 10kg/m2. The barriers and the enclosures shall comply with the fire safety requirements as listed out in the attached Annex A throughout the entire construction period.
3.4 The Permit Holder shall carry out daily inspection of the noise control measures in place as required in Condition 3.3 to ensure their correct operation, installation and proper maintenance; and keep a log-book of each inspection and any event(s) which may affect the performance of the noise control measures. The log-book shall be kept at the site office for inspection by the ET, IEC and the Director.
3.5 Within two weeks after the commencement of construction of the project, the Permit Holder shall deposit with the Director 3 sets of construction noise mitigation plans (CNMPs) showing the location and duration of the movable noise barriers and noise enclosures to be provided on site in accordance with the above Condition 3.3 and to meet the noise requirements as laid down in the Technical Memorandum on EIA Process (TM) at the surrounding residential blocks (including noise sensitive receivers N1 and N2 at No. 43-49A and No. 35-37A of Argyle Street respectively as shown in Figure 1). The Permit Holder shall ensure that the measures laid down in the deposited CNMPs shall be fully implemented. The Permit Holder shall keep all changes of location and design of movable noise barriers and noise enclosures in the log-book as mentioned in the Condition 3.4.
Measures to Mitigate Construction Waste Impacts
3.6 Within 4 weeks after the commencement of construction of the Project, the Permit Holder shall deposit with the Director 3 sets of construction waste disposal scheme showing (a) the measures to reduce, re-use and recycle the excavated materials, (b) the location of the waste disposal site(s), (c) the transportation routing(s) of the removal of excavated material from the construction site to the disposal site(s), (d) the frequency of truck movements per day and (e) the location of off-site temporary stockpiling area(s), if any. The Permit Holder shall fully implement all measures in the approved construction waste disposal scheme throughout the entire construction period.
3.7 To prevent potential dust impacts to sensitive receivers, the Permit Holder shall not store excavated material onsite.
Measures to Mitigate Landscape & Visual Impacts
3.8 The Permit Holder shall mitigate the visual impact of the hoardings, barriers and enclosures by the use of colour schemes.
3.9 The Permit Holder shall mitigate the landscape impact after the demolition of entrance C3 by reinstating the pedestrian area with landscape treatment by paving or planting.
4. Environmental Monitoring and Audit (EM&A) during the Construction Period
4.1 Within 2 weeks after the commencement of construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project. The EM&A Manual shall list out the means to mitigate the construction noise impact; the environmental quality performance limits (Action and Limit Levels); Event / Action Plans and decision audit flow charts; procedures for reviewing the monitoring results; and compliance audit procedures and follow-up as stated in Annex 21 of the TM. The EM&A Manual shall also set out the complaint investigation procedure referred to in condition 4.3 of this permit. The EM&A Manual approved under this condition shall hereinafter be referred to as the “EM&A Manual”.
4.2 The Permit Holder shall take samples and measurements in accordance with the requirements of the EM&A Manual by:
(a)conducting baseline noise monitoring as set out in the EM&A Manual;
(b) conducting impact monitoring on noise as set out in the EM&A Manual;
(c) carrying out remedial actions in accordance with the Event and Action Plan, 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 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.
4.3 The Permit Holder shall set up a construction complaint investigation procedure at least 2 weeks before the commencement of construction works. The complaint investigation procedure shall follow the requirements set out in the EM&A programme.
4.4 All EM&A data submitted under this Permit shall be true, valid and correct.
4.5 Three hard copies and two electronic copies of the Baseline Monitoring Report shall be submitted to the Director within 2 weeks after the commencement of any construction works. The Report shall include, but without limitation to, the details of the baseline noise monitoring. Additional copies of the submission shall be provided to the Director upon request from the Director.
4.6 Three hard copies and two electronic copies of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.
4.7 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(s) set out in the Event/Action Plan, 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 the 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 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 4 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 (air quality and construction waste); 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. If there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13 of the EIA Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.
4. A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.
5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
6. 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.
7. 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.
8. 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.
9. 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.
Annex A: The Fire Safety Requirements for the Movable Noise Barriers & Noise Enclosures
(a) A thoroughfare of 3.5m wide shall be maintained at all times for passage of fire appliances.
(b)
Adequate space (6m side minimum) shall be provided in front of the
major 
of any building for
the free aerial rescue and fire fighting operation. If such requirement
cannot be achieved, the construction works shall be carried out by sections
of not more than 20m in length.
(c) Any road opening affecting the emergency vehicular access shall be decked over, capable of withstanding 22-tonne loading for emergency traffic.
(d) Any excavation / construction works shall under no circumstances cause any obstruction to the nearby fire hydrants and ground valves.