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 Major Works Project Management Office, Highways 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路政署主要工程管理處 (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﹕

Application No. 申請書編號:		AEP-163/2003
Document in the Register : 登記冊上的文件:		(1) Agreement No. CE109/98 Deep Bay Link Investigation and Preliminary Design (Register No.: AEIAR-064/2002) - Environmental Impact Assessment Report Volumes 1 to 3 (July 2002) [Hereinafter referred to as the “ DBL EIA Report”] - EIA Executive Summary (July 2002) [Hereinafter referred to as the “DBL EIA Executive Summary”] - Environmental Monitoring and Audit Manual (July 2002) [Hereinafter referred to as the “DBL EM&A Manual”] (1) 顧問合約編號CE109/98 后海灣幹線工程調查與初步設計 (登記冊編號: AEIAR-064/2002) - 環境影響評估報告(2002年7月) [下稱「后海灣幹線環評報告」] - 環境影響評估報告行政摘要 (2002年7月) [下稱「后海灣幹線環評摘要」] - 環境監察及審核手冊 (2002年7月) [下稱「后海灣幹線環監手冊」] (2) The Director’s letter of approval of the DBL EIA report dated 13 September 2002 (Reference: (34) in EP2/G/A/100 Pt.3) (2) 署長於2002年9月13日發出批准后海灣幹線環評報告的信件 (檔案編號: (34) in EP2/G/A/100 Pt.3)
Document in the Register : 登記冊上的文件:		(3) Agreement No. CE98/98 Widening of Yuen Long Highway between Lam Tei and Shap Pat Heung Interchange Preliminary Design & Ground Investigation Assignment (Register No.: AEIAR-059/2002) - Final Environmental Impact Assessment Report (December 2001) [Hereinafter referred to as the “ YLH EIA Report”] - Final EIA Executive Summary (December 2001) [Hereinafter referred to as the “YLH EIA Executive Summary”] - Environmental Monitoring and Audit Manual (December 2001) [Hereinafter referred to as the “YLH EM&A Manual”] (3) 顧問合約編號CE98/98 元朗公路藍地至十八鄉段擴闊工程初步設計及土地勘測 (登記冊編號: AEIAR-059/2002) - 環境影響評估報告(2001年12月) [下稱「元朗公路擴闊環評報告」] - 環境影響評估報告行政摘要 (2001年12月) [下稱「元朗公路擴闊環評行政摘要」] - 環境監察及審核手冊 (2001年12月) [下稱「元朗公路擴闊環監手冊」] (4) The Director’s letter of approval of the YLH EIA report dated 22 May 2002 (Reference: (26) in Ax(1) to EP2/N6/A/62 IV) (4) 署長於2002年5月22日發出批准元朗公路擴闊環評報告的信件 (檔案編號: (26) in Ax(1) to EP2/N6/A/62 IV) (5) Application documents including all attachments submitted by the Permit Holder on 5 March 2003 (Application No. AEP-163/2003) (5) 申請文件包括許可證持有人於2003年3月5日提交所有附件 (申請書編號: AEP-163/2003)

	Date 日期		(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 )

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

Hereunder is description of designated project mentioned in Part A of this environmental permit :

下列為本環境許可證A部所提及的指定工程項目的說明:

Title of Designated Projects

指定工程項目的名稱

Deep Bay Link and Widening of Yuen Long Highway between Lam Tei and Shap Pat Heung Interchange ( Lam Tei to Tan Kwai Tsuen Section )

[The above designated project is hereinafter referred to as “the Project”]

后海灣幹線及元朗公路藍地至十八鄉段擴闊工程 ( 藍地至丹桂村段)

[ 這工程項目下稱“工程項目” ]

Nature of Designated Projects
指定工程項目的性質

(a) A new Expressway.

(a) 一條新的快速公路。

(b) Major improvements to existing roads.

(b) 現有道路之重大改善工程。

Location of Designated Projects指定工程項目地點

The location of the Project is shown inFigure 1 attached to this Permit.

工程項目的位置見載於本許可證夾附的圖1。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

(a) Construction and operation of a dual three-lane carriageway (Deep Bay Link) with bridge structures linking the proposed Shenzhen Western Corridor at Ngau Hom Shek with the Yuen Long Highway at Lam Tei;

(a)建造及營辦一條三線分隔行車道 ( 后海灣幹線 )，包括高架行車道，在鰲磡石連接深港西部通道，及在藍地連接元朗公路;

(b) Construction and operation of an interchange between Deep Bay Link and Yuen Long Highway at Lam Tei;

(b)建造及營辦后海灣幹線和元朗公路在藍地的交匯處;

(c)建造及營辦后海灣幹線在夏村的交匯處;

(d) Widening of the Yuen Long Highway between Lam Tei and Tan Kwai Tsuen from a duel 2-lane to a dual 3-lane carriageway, together with a 3.65m hard shoulder for each carriageway;

(d)把介乎藍地及丹桂村之間的一段元朗公路由雙程雙線分隔車路擴闊至雙程三線分隔車路，包括每邊行車路上3.65米闊的路肩;

(e) Modification and widening of existing highway structures, i.e. culverts, bridges, underpasses, pedestrian subways, etc. to suit the widening;

(e) 修改及擴闊現有的公路設施，即暗渠、橋樑、下通路、行人隧道等，以配合上述的擴闊工程;

(f) Realigning the various slip roads joining the Yuen Long Highway to suit the above widening; and

(f) 把各條接駁元朗公路的連接路重新定線，以配合上述的擴闊工程; 及

(g) Provisioning/reprovisioning of associated civil, structural, geotechnical, landscape and drainage works, street lighting, traffic aids (including sign gantries) and directional signs, central divider/parapets, environmental mitigation measures, fire hydrants, water works, traffic control and surveillance system, and electrical and mechanical works;

(g) 提供/重設相關的土木、結構、土力、景觀美化及渠務工程、街道照明、交通輔助設施（包括高架道路標誌）及方向指示牌、中央分隔欄/防撞欄、環境緩解措施、消防栓、水務工程、交通管制及監察系統、及機電設施。

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 Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (EIAO) (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 defence against any proceedings instituted under any legislation or 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 and the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised 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 EIAO 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 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 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 in accordance with the project description 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 DBL EIA Report, DBL EIA Executive Summary, DBL EM&A Manual (Register No. AEIAR-064/2002) and YLH EIA Report, YLH EIA Executive Summary, YLH EM&A Manual (Register No. AEIAR-059/2002), other relevant documents in the EIAO Register Office, 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 ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the EIAO Register Office 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, and 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 EIAO (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 respectively 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 EIAO 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 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIAO 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.

1.12 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.

1.13 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 Commencement of Construction of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1 An ET shall be established no later than one month before 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 and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the DBL EM&A Manual and YLH EM&A Manual. The ET Leader shall keep a contemporaneous logbook of each and every circumstance or change of circumstances that may affect the findings of DBL EIA Report and/or YLH EIA Report and each and every non-compliance with the recommendations of the DBL EIA Report, the YLH EIA Report or this Permit. This logbook shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the DBL EIA Report, the YLH EIA Report and this Permit or by the Director or his authorized officers. Failure to maintain records in the logbook, failure to discharge the duties of the ET Leader as defined in the DBL EM&A Manual and YLH 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 replace the ET Leader upon notice in writing from the Director, or further failure to keep contemporaneous records in the logbook 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 The Permit Holder shall employ an IEC no later than one month before commencement of construction of 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 DBL EM&A Manual and YLH EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the DBL EM&A Manual and YLH 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 logbook(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax transmission, within 24 hours of receipt of notification from the ET Leader of each and every change of circumstances or non-compliance with the recommendations of the DBL EIA Report, the YLH 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 DBL EM&A Manual and the YLH 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 by the Permit Holder to replace the IEC upon notice in writing from the Director, 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.

Submission of Construction Noise Mitigation Plan (CNMP)

2.3 The Permit Holder shall, at least 2 weeksbefore commencement of construction of the Project, submit 3 sets of construction noise mitigation plan (CNMP) to the Director for approval. The CNMP shall include a detailed review of the construction noise assessment using the latest available information regarding construction equipment and construction programme to re-confirm the construction noise mitigation measure requirements for the four sensitive receivers, i.e. Lam Tei Gospel School, Fuk Hang Village, Rural/Village Houses near Tsoi Yuen Tsuen, and Tsoi Yuen Tsuen, as shown in the attached Table 1 and Figure 2. The CNMP shall consider providing relief to the six affected dwellings in Tsoi Yuen Tsuen during the period when they will be subject to residual construction noise impact. The CNMP shall give full regard to the latest information about the Lam Tei Gospel School examination periods and non-school days in scheduling the construction work programme to avoid noise impact affecting examination periods. The CNMP shall include drawings (at least 1:1000 scale) and explanatory notes detailing the locations and arrangement of the temporary noise barriers and site hoardings, and the number and type of construction plants and equipment, procedure and sequence of construction. The submission shall be certified by the ET leader and verified by IEC as conforming to the information and recommendations contained in the DBL EIA Report and YLH EIA Report.

Submission of Contamination Assessment Plan (CAP)

2.4 The Permit Holder shall, at least 2 weeks before commencement of construction of the Project, submit 3 sets of Contamination Assessment Plan (CAP) to the Director for approval. The CAP shall be prepared for the areas shown in the attached Figures 3a to 3c in order to identify the need for decontamination in these areas and shall take into account the relevant findings and recommendations in the land contamination impact section of the DBL EIA Report. Before submission to the Director, the CAP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the DBL EIA Report.

3 Submissions and Measures for Construction of the Project

Management Organization of Main Construction Companies

3.1 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.

Submission of Complete Record of Chung Shan Cemetery (Permitted Burial Ground No. 22)

3.2 The Permit Holder shall, no later than 2 months before commencement of relocation of any of the graves within the Chung Shan Cemetery (Permitted Burial Ground No. 22), deposit with the Director 3 sets of complete record of each grave in the entire Chung Shan Cemetery, as shown on the attached Figure 4. The record shall be undertaken by a qualified archaeologist. The record shall take the form of written text, photographs, basic measurements and location plans. The content of the record shall include : (i) the scale and distribution of the cemetery as well as the arrangement and grouping of the graves; (ii) the types and structures of the graves; and (iii) the hosts of the graves and the content of the gravestone inscriptions.

Submission of Habitat Creation and Management (HCM) Plan

3.3 The Permit Holder shall, within one month after the commencement of construction of the Project, submit to the Director for approval 5 sets of HCM Plan. The HCM Plan shall take into account the findings and recommendations of the DBL EIA Report. In particular, the HCM Plan shall include an on-site or off-site compensation package with the creation of a Wetland Compensation Area during the construction of the Project for the loss of fishpond as a result of the Project. The HCM Plan shall include details on re-alignment and diversion of stream courses shown in Figure 4.2 of the DBL EIA report at locations where the Project alignment intersects with streams and details of measures for protecting the streams from adverse impacts due to construction site runoff pollution. Before submission to the Director, the HCM Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the DBL EIA Report. All measures recommended in the approved HCM Plan shall be fully and properly implemented.

Measures to Mitigate Landscape and Visual Impacts

3.4 To mitigate the landscape and visual impacts from the operation of the Project, landscape mitigation measures shall be implemented in accordance with : (i) the Landscape Mitigation Measures Plans as shown in Figures 10.7.1 to 10.7.6 and Section 10.7.3 of the DBL EIA report; (ii) the Master Landscape Plan as shown in drawing numbers 22913/P/13/200 to 228 in Appendix 10 of the DBL EIA report; and (iii) the Landscape Proposal as shown in Figures 8.41 to 8.62 and Section 8.13.2 of the YLH EIA report. The design of noise barriers shall avoid the use of bright and conspicuous colours.

Measures to Mitigate Construction Noise Impacts

3.5 To mitigate the construction noise impact arising from the Project, all measures recommended in the approved CNMP submitted under Condition 2.3 of this permit, section 3.5 in the DBL EIA report and sections 3.7 and 3.8.1 in the YLH EIA report shall be fully implemented throughout the construction period of the Project.

Measures to Manage Construction and Demolition Waste Impacts

3.6 The management and disposal for the construction and demolition (C&D) material generated from the Project, including on-site storage, segregation, and re-use of the material for filling embankment, shall be implemented in accordance with section 5.4 and 5.5 of the DBL EIA report and section 6.3.3 of the YLH EIA report.

Measures to Clean Up Contaminated Land

3.7 Land contamination sampling and testing in accordance with the recommendations of the approved CAP submitted under Condition 2.4 shall be carried out within 1 week after commencement of construction of the Project and the findings shall be reported in a Contamination Assessment Report (CAR). If the CAR findings do not confirm the existence of land contamination within the Project site(s), 3 sets of CAR shall be deposited with the Director within 2 weeks after completion of the land contamination sampling and testing. If the CAR findings confirm the existence of land contamination within the areas shown in Figures 3a to 3c, a Remediation Action Plan (RAP) shall be prepared detailing the remediation objectives, technology and programme. Three sets of a combined report of CAR/RAP shall be submitted to the Director for approval within 2 months after completion of land contamination sampling and testing. The CAR or combined CAR/RAP submission shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations contained in the DBL EIA Report. If the CAR findings confirm the existence of land contamination within the areas shown in Figures 3a to 3c, the recommendations of the approved combined CAR/RAP report shall be fully and properly implemented to decontaminate the relevant site(s) before commencement of any construction work that may disturb the ground of the relevant site(s).

Measures to Mitigate Ecological Impacts from Habitat Fragmentation

3.8 To mitigate ecological impacts due to habitat fragmentation arising from construction and operation of the Project, dry shoulders of at least 1m in width shall be provided in culverts where the road crosses streams (Culvert 2B and 4B, as shown in attached Figure 5) to allow terrestrial wildlife to pass through.

Measures to Mitigate Traffic Noise Impacts

3.9 To mitigate the traffic noise impact arising from the operation of the Project, the noise barriers shall be implemented in accordance with Tables 2a to 2c and Figures 6a to 6c attached to this Permit. Noise barriers to be fully implemented before commencement of operation of the Project are shown in Table 2a and Figure 6a. Noise barriers to be implemented before commencement of population intake at planned developments at Lam Tei are shown in Table 2b and Figure 6b. Noise barriers to be implemented before commencement of population intake at planned developments at Hing Shui Kiu New Development Area are shown in Table 2c and Figure 6c. The noise barriers shall be continuous structures with no gap or opening except where access road or emergency exit is required.

Measures to Mitigate Archeological Impacts at Tsing Chuen Wai and Lam Tei

3.10 Rescue excavations at the Tsing Chuen Wai Site with Archaeological Significance (TCW Site) and the Lam Tei Site with Archaeological Significance (LT Site), shown on the attached Figure 7, shall be carried out by a qualified archaeologist and completed before commencement of any construction work that may disturb the ground of the relevant sites. The rescue excavation at TCW Site shall comprise three test trenches along the traces of tiles on the tiers of the low terrace, with a size of 30m by 3m, 30m by 3m and 10m by 3m respectively, and four square test pits of 5m by 5m in other parts of the TCW Site. Total size of the rescue excavation at the TCW Site shall be about 280 m². The rescue excavation at LT Site shall comprise twenty small test pits of a size of 2m by 2m in the central area of the LT Site with concentrated structural features. The initial test pits with important findings shall be expanded such that the total size of the rescue excavation at the LT Site shall be about 200 m². The Permit Holder shall produce a report on the details and findings of the rescue excavations. Three copies of the report shall be deposited with the Director within two weeks after the completion of the rescue excavations.

Measures to Mitigate Impacts from Barging Point and Works Area at Lok On Pai

3.11 To mitigate the air and noise impacts arising from the temporary barging point and works area at Lok On Pai, Tuen Mun, the following conditions shall be applied :

(a) operation hours shall be restricted to 9:00 am to 7:00 pm on any day not being a Sunday or a general holiday;

(b) the barging point shall only be used for unloading of precast bridge segments from barges;

(c) the works area shall only be used for the temporary storage of the bridge segments before they are loaded onto trucks for transport to the construction site(s) of the Project;

(d) stacking of precast bridge segments shall only be allowed in the area shielded by the existing buildings on site, as shown in attached Figures 8a and 8b;

(e) no handling or dumping of excavated material shall be allowed;

(f) a maximum of 2 barges, 2 tugboats, 2 mobile cranes and 4 trucks shall be allowed to operate simultaneously;

(g) only quiet-type plants shall be used;

(h) the entrance/exit point shall be located at the northern junction of Tsing Fat Street and the on-site roads, as shown in the attached Figures 8a and 8b.

4. Environmental Monitoring and Audit Requirements during Construction of the Project

4.1 The EM&A programme shall be implemented as set out in the DBL EM&A Manual and YLH EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the DBL EM&A Manual and YLH EM&A Manual before submission to the Director for approval.

4.2 Samples and measurements shall be taken in accordance with the requirements of the DBL EM&A Manual and YLH EM&A Manual by:

(a) conducting baseline environmental monitoring on noise, water and air quality; and

(b) conducting impact monitoring on noise, water and air quality.

(c) carrying out remedial actions described in the Event/Action Plans of the DBL EM&A Manual and YLH EM&A Manual shall be fully and properly carried out in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director.

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

4.3 All EM&A data submitted under this Permit shall be true, valid and correct.

4.4 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.

4.5 Three 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 EM&A Reports shall include a summary of all non-compliances (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon his request.

5. Measures for Operation of the Project

Submission of Emergency Response Plan for Spillage of Chemicals

5.1 The Permit Holder shall, no later than two months before the commencement of operation of the Project, deposit with the Director five sets of a detailed Emergency Response Plan (ERP) on how to properly handle chemical spillages on either side of the section of the Project at Ngau Hom Shek as shown in attached Figure 9caused by traffic incidents. The ERP shall be verified by the IEC as conforming to the framework and recommendations contained in the SWC EIA Report. Additional copies of the submission shall be provided to the Director upon request by the Director.

Cleaning of Carriageway

5.2 The carriageway of the section of the Project at Ngau Hom Shek, as shown in attached Figure 9, shall be cleaned twice a week by vacuum air sweeper(s) (or suction truck(s)) to remove grits and pollutants. Any consecutive cleaning events shall not be more than four days apart. The removed grits and pollutants shall be transported away for off site disposal. If necessary, the Director may require the Permit Holder to increase the cleaning frequency based on the findings of the report submitted to him under Condition 6.2 below.

Maintenance of Noise Barriers

5.3 All the noise barriers as described in Condition 3.9 shall be properly maintained during operation of the Project.

Maintenance of Landscape Measures

5.4 All landscape measures as described in Condition 3.4 shall be properly maintained during operation of the Project.

Maintenance of Ecological Mitigation Measures

5.5 All recommended ecological measures described in Conditions 3.8 and in the approved Habitat Creation and Management Plan required in Condition 3.3 above shall be properly implemented and maintained during the operation of the Project.

6 Environmental Monitoring and Audit Requirements during Operation of the Project

6.1 The EM&A programme during operation of the Project shall be implemented as set out in the DBL EM&A Manual and YLH EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the DBL EM&A Manual and YLH EM&A Manual before submission to the Director for approval.

Monitoring of Surface Runoff from Carriageway

6.2 The quality of surface runoff from the carriageway at the end section of the Project at Ngau Hom Shek shown in the attached Figure 9 shall be monitored in accordance with the details in Section 4 of the DBL EM&A Manual during the first year of operation of the Project. All monitoring results shall be recorded in the EM&A Report. The Permit Holder shall, within two weeks after each monitoring period specified in the DBL E&MA Manual, submit to the Director for approval a report that evaluates the quality of the surface runoff and effectiveness of the cleaning frequency in removing pollutants from the carriageway surface, and recommends any modification to the monitoring programme. The Director may require the ermit Holder to extend the monitoring period and/or increase the cleaning frequency as the Director thinks fit. The Permit holder shall submit another report to cover the extended period of monitoring to the Director for approval, within two weeks after completion of the extended monitoring.

Monitoring of Operational Noise

6.3 An operational noise monitoring as described in the DBL EM&A Manual and YLH EM&A Manual shall be carried out for the purpose of verifying the traffic noise assessment, by comparing the noise impact predictions with the actual impacts. A report shall be produced to record the monitoring details and results, including the comparison between the measured noise levels and the predicted levels in the EIA Reports. The Permit Holder shall deposit three hard copies and one electronic copy of the report in the formats specified in Condition 7.1 below shall be deposited with the Director within one month after completion of the monitoring.

7. Electronic Reporting of EM&A Information

7.1 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 hardcopies as described in Conditions 5.5 and 5.6 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 hardcopies.

7.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 7.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

7.3 The Internet web site as described in Condition 7.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the documents (1) to (5) listed in Part A of this Permit, and this Environmental Permit. The Internet web site shall have features capable of:

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

(b) providing access to all finalized submissions as required under this Permit;

(d) searching by types of monitoring data (noise, water, air quality and ecology); and

(e) 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) 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 Environmental Impact Assessment Ordinance (the “Ordinance”) to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on Project site by the amended permit.

4. A person who assumes 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 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 a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

7. 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.

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 Environmental Impact Assessment Ordinance for details and seek independent legal advice.

Environmental Permit No. EP-163/2003