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

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 Hong Kong Electric Co. Ltd. (hereinafter referred to as the "Permit Holder") to construct 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香港電燈有限公司(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-165/2003
Document in the Register 登記冊上的文件		(1) “Lamma Power Station Navigation Channel Improvement – Environmental Impact Assessment Report (November 2002) (Register No. AEIAR-069/2003)” [Hereinafter referred to as the “EIA Report”] and Environmental Monitoring & Aduit Manual [Hereinafter referred to as the “EM&A Manual”] (1) 南丫發電廠航道改善工程環境評估報告(二OO二年十一月)(登記冊編號：AEIAR-069/2003)[下文簡稱“環評報告”]及環境監察及審核手冊[下文簡稱“環境監察及審核手冊”] (2) The Director’s letter of approval of the EIA report dated 11 March 2003 ref Ax(4) to EP2/N9/D/17 (2) 署長已於二OO三年三月十一日發出批準環評報告的信件檔案編號Ax(4) to EP2/NO/D/17 (3) Application documents including all attachments submitted by the Permit Holder on 12 March 2003 (Application No. AEP-165/2003) (3) 許可證持有人於二OO三月十二日提交申請文件包括所有附件(申請書編號：AEP-165/2003)

	Date 日期		(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)

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:

Title of Designated Project

指定工程項目的名稱

Lamma Power Station Navigation Channel Improvement

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

南丫發電廠航道改善工程

[本指定工程項目下稱“工程項目”]

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

Dredging of the Lamma Power Station Navigation Channel.

在南丫發電廠航道進行挖泥作業。

Location of Designated Project

指定工程項目的地點

The dredging operation is located at the Lamma Power Station Navigation Channel. The location of the Project is shown in Figure 1 attached to this Permit.

工程項目在南丫發電廠航道進行。工程項目的位置已載於本許可証夾附的圖1。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The project aims to dredge the Lamma Power Station Navigation Channel to –16.5mPD. A total of approx. 2.98M cu. m. sediments will be dredged.

工程的目的是在南丫發電廠航道進行挖泥作業至16.5mPD的水深。總挖泥量約為2.98百萬立方米。

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 (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 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 or 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 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 site(s) of construction of the Project(s) 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 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 location. 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 location 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 in accordance with the project descriptions 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 all recommendations described in the EIA Report (EIAO Register No. AEIAR-069/2003); other relevant documents in the EIA Ordinance Register Office; the information or mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under ongoing surveillance and monitoring activities during allstages 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 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 variations 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 EIA 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 the Permit.

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 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

1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 2 weeks 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 preparation, or other works as agreed by the Director.

2. Measures Before Commencement of Construction of the Project

2.1 An ET shall be established by the Permit Holder no later than 2 weeks before 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 of 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 instance or 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 (Register No. AEIAR-069/2003) 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 circumstances. The ET Leader’s 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 (Register No. AEIAR-069/2003) 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 2 weeks before 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 of 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 one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-069/2003) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where 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.

3. Submissions and Measures During Construction of the Project

3.1 Within 2 weeks after commencement of construction of the Project, the Director shall be informed 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.

3.2 To protect Finless Porpoise during calving seasons, no dredging works shall be carried out from February to April at the Finless Porpoise habitat area shown in Figure 2 of this Permit.

3.3 All dredgers and construction vessels travelling between the dredging site and the disposal sites shall avoid the Finless Porpoise habitat area shown in Figure 2, except during dredging within the area.

3.4 To minimise water quality impacts during dredging, either grab dredgers or trailer suction hopper dredger shall be deployed following Conditions 3.5 and 3.6 described below. Any proposal to adopt a combination of grab dredger(s) and trailer suction hopper dredger(s) shall be certified by the ET Leader and verified by the IEC and shall be submitted to the Director for approval at least 2 weeks before implementation.

3.5 If grab dredgers are to be deployed for dredging, the following conditions shall apply:

(a) To avoid unacceptable water quality impacts during dredging, dredging works shall be carried out in phases in accordance with the dredging schedule for grab dredgers specified in Table 1 of this Permit;

(b) Any changes to the dredging schedule specified in Condition 3.5(a) above shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA report and be deposited with the Director at least 2 weeks before implementation. The changes shall be immediately documented in the following monthly EM&A report and be made available to the public, via internet access in the shortest possible time and in no event later than 2 weeks after the changes have been certified;

(d) Each grab dredger to be deployed shall have a grab capacity of no less than 8 cu. m.; and

(e) To avoid dispersion of suspended solids into the sea, cage-type silt curtains with details shown in Figure 3 of this Permit shall be provided, when deploying grab dredgers for dredging. The silt curtains shall be properly maintained throughout the dredging operation.

3.6 If trailer suction hopper dredger is to be deployed for dredging, the following conditions shall apply:

(a) To avoid unacceptable water quality impacts during dredging, dredging works shall be carried out in phases in accordance with the dredging schedule for trailer suction hopper dredger specified in Table 2 of this Permit;

(b) Any changes to the dredging schedule specified in Condition 3.6(a) above shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA report and be deposited with the Director at least 2 weeks before implementation. The changes shall be immediately documented in the following monthly EM&A report and be made available to the public, via internet access in the shortest possible time and in no event later than 2 weeks after the changes have been certified; and

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

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 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 seek the prior approval from the Director before implementation.

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

(a) conducting baseline water quality monitoring as set out in the EM&A Manual;

(b) conducting impact monitoring on water quality 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) and (b) 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 All EM&A data submitted under this Permit shall be true, valid and correct.

4.4 Three hard copies and two electronic copies of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of any construction works. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

4.5 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. The monthly EM&A Reports shall include a summary of all non-compliance (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 request from the Director.

4.6 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.

4.7 In case of complaint(s) on water quality and exceedance(s) of water quality Action Levels recorded at the impact monitoring stations, the Director may require water quality monitoring to be carried out at daily intervals at relevant monitoring stations, in addition to the actions described in the Event/Action Plans in the EM&A Manual, until no further exceedance is noted for 2 consecutive days.

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 4.4 and 4.5 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 A dedicated website shall be set up and the Director shall be notified in writing the internet address where the environmental monitoring data are to be placed within 2 weeks after the commencement of the Project. All environmental monitoring data described in Condition 5.1 above shall be made available to the public via this dedicated website in the shortest practicable 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.

5.3 The internet website as described in Condition 5.2 above shall enable user-friendly public access to the monitoring data with features for:

(a) providing access to all environmental monitoring data collected as required under this Permit;

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

(d) searching by types of monitoring data; and

(e) 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 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 EIA Ordinance for details and seek independent legal advice.

ID: EP1652003(B)

Table 1: Dredging Schedule for Grab Dredger Option

(Modified from Table 2.17 of the EIA report)

Working Zone¹	Construction Programme
Working Zone¹	May 2003	Jun 2003	Jul 2003	Aug 2003	Sep 2003	Oct 2003	Nov 2003	Dec 2003
ABn	2Nos.**	2 Nos.**	2 Nos.**	2 Nos.**	2 Nos.**	2 Nos.**	1 No.*	1 No.*
ABs	2 Nos.**	2 Nos.**	2 Nos.**	2 Nos.**	2 Nos.**	1 No.*	1 No.*	1 No.*
BCn	1 No.*	1 No.*	1 No.**	1 No.*	1 No.*	1 No.*	－	－
BCs	－	－	－	－	－	1 No.*	3 Nos.@	3 Nos.@
Maximum total daily dredging rate (m³/day)	26,300					33,200
Maximum total hourly dredging rate (m³/hour)	1,205					1,522

Remarks

1 : This table should be read in conjunction with Figure 4.

* : A maximum of 1 number of grab dredger, with a grab capacity of no less than 8 cu. m. is allowed.

** : A maximum of 2 numbers of closed grab dredgers, each with a grab capacity of no less than 8 cu. m. is allowed.

@ : A maximum of 3 numbers of closed grab dredgers, each with a grab capacity of no less than 8 cu. m. is allowed.

Note

The above maximum daily dredging rates are derived based on 24-hour dredging operations. If the daily workings and/ or number of dredgers are restricted, the maximum daily dredging rates will have to be reduced proportionally based on the allowable working hours and number of dredging hours.

Table 2: Dredging Schedule for Trailer Suction Hopper Dredger Option

(Modified from Table 2.18 of the EIA report)

Working Zone¹	Construction Programme
Working Zone¹	May 2003	Jun 2003	Jul 2003	Aug 2003	Sep 2003	Oct 2003	Nov 2003	Dec 2003
ABn	1 No.#	1 No.#	1 No.#	1 No.#	1 No.#	－	－	－
ABs	－	－	－	－	－	－	1 No.#	－
BCn	－	－	－	－	－	－	－	1 No.#
BCs	－	－	－	－	－	1 No.#	－	－
Maximum total daily dredging rate (m³/day)	12,500					19,700	34,300	27,000
Maximum total dredging rate (m³/cycle)*	1,432					2,257	3,930	3,094

Remarks

1 : This should be read in conjunction with Figure 4.

# : A maximum of 1 number of trailer suction hopper dredger is allowed.

* : One cycle means a 2.5-hour period during which the dredger will carry out dredging, travel to the disposal ground for dumping and return to the dredging site.

Note

The above maximum daily dredging rates are derived based on 24-hour dredging operations. If the daily working hours are restricted, the maximum daily dredging rates will have to be reduced proportionally.