Environmental Permit No. EP-215/2005

環境許可證編號  EP-215/2005

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 Ordinance), the Director of Environmental Protection (the Director) granted this environmental permit to KOWLOON-CANTON RAILWAY CORPORATION (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九廣鐵路公司（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-215/2005

 

Document in the Register:

登記冊上的文件：

 

(1) Kowloon Southern Link Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary

(Register No.: AEIAR-083/2005) [Hereinafter referred to as the “EIA Report”]

 

(1) 九龍南環線環境影響評估報告，環境監測及審核手冊及行政摘要

(登記冊檔號: AEIAR-083/2005) [下稱 “環評報告”]

 

(2) The Director’s letter of approval of the EIA report dated 30 March 2005 [Ref.: ( ) in EP2/G/A/121 Pt. 3]

 

(2) 署長於2005年3月30日發出批准環評報告的信件 [檔案編號: (  ) in EP2/G/A/121 Pt. 3]

 

 

 

Application No.

申請書編號：

 

AEP-215/2005

 

Document in the Register:

登記冊上的文件：

 

(3) Application documents including all attachments submitted by the Permit Holder on 4 April 2005 (Application No. AEP-215/2005)

 

(3) 申請文件包括許可證持有人於2005年4月4日提交的所有附件(申請書編號: AEP-215/2005)

 

 

 

 

 

 

 

 

          3 May 2005                 

Date

日期

 

                                                    

 

                                    

(Mrs. Shirley LEE)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任 李韓琇玲女士代 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

 

Kowloon Southern Link

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

 

九龍南環線

[這指定工程項目下稱“工程項目”]

 

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

 

Construction and operation of an approximately 3.7 km underground railway and its associated station.

 

興建和運作一條長約3.7公里的地底鐵路及有關的火車站。

 

Location of Designated Project

指定工程項目的地點

Tsim Sha Tsui and West Kowloon.  The location of the Project is shown in Figure 1 attached to this Permit.

 

尖沙咀及西九龍。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

Construction and operation of an approximately 3.7 km underground railway, the West Kowloon Station, the Yau Ma Tei Ventilation Building, the Canton Road Plant Building and an Emergency Egress Point at the south of Canton Road.

 

興建和運作一條長約3.7 公里的地底鐵路、九龍西站、油麻地通風樓、廣東道機樓及在廣東道南面的緊急逃生出口。

 

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 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 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 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 in accordance with the project descriptions 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 all recommendations described in the EIA Report (Register No.: AEIAR-083/2005), the application documents including all attachments (Application No. AEP-215/2005), other relevant documents in the Register; and the information or mitigation measures described in this Permit, and 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 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 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 Environmental Impact Assessment Ordinance. 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 finalised submissions as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any 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 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). Electronic copies of all finalised 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 hardcopies.

 

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.

 

1.14      The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

 

2.                  Submissions or Measures before Commencement of Construction of the Project

 

2.1        An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years 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 EM&A requirements as contained in the EM&A Manual of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report (Register No. AEIAR-083/2005) and 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-083/2005) 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 Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month 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 performance, 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 EIA Report (Register No. AEIAR-083/2005) 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.

 

2.3        A Geotechnical Engineer/Decontamination Specialist shall be appointed for supervising the land/soil remediation programme no later than one month before the excavation of contaminated material/soil. The Geotechnical Engineer/Decontamination Specialist shall be a person who has at least 7 years experience in contamination assessment or decontamination.

 

2.4        The Permit Holder shall, at least two weeks before 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.

 

2.5        An Environmental Management Plan (EMP) shall be submitted at least one month before the commencement of construction of the Project. Before submission to the Director, the EMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA report. The EMP shall demonstrate and ensure effective implementation of the mitigation measures, monitoring and remedial requirements presented in the EIA report, EM&A Manual and Environmental Mitigation Implementation Schedule. The EMP shall also contain a master construction programme with programmes of associated construction activities at each work site, in particular, the date of commencement of construction of the Tunnel Boring Machine (TBM) launching shaft, the date of commencement of excavation of contaminated material/soil and the date of commencement of dewatering of contaminated groundwater. The EMP shall provide the chainages of the various tracks types to be laid along the alignment of the Project.

 

2.6        The Permit Holder shall, no later than one month before the commencement of the Project, submit to the Director for approval five (5) hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-083/2005). The updated EM&A Manual shall include any updated noise and dust monitoring location(s); monitoring requirement for groundwater level and quality at selected points near the site boundary; monitoring requirement for construction ground borne noise at the Hong Kong Cultural Centre, Hong Kong Space Museum and the Former Marine Police Headquarters.

 

2.7       The Permit Holder shall, no later than one month prior the commencement of construction of the Project, prepare and deposit to the Director five (5) sets of Waste Management Plan (WMP). Before submission to the Director, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The WMP shall:

 

(i)                  clearly define the duties and responsibilities of different parties in carrying out the activities described in the WMP;

(ii)                provide all key information (including but not limited to the types and quantities of waste, timing and activities of waste generation, locations for temporary storage, considerations for recycle, reuse and destinations for final disposal);

(iii)               work out the detailed arrangements on how to minimize the disposal quantity of construction and demolition material (C&DM) of the Project (including adopting an appropriate purchasing strategy to avoid generation of C&DM, and sensible design and construction methods to minimize the generation of C&DM, together with arrangements for recycling/reusing the C&DM on-site for other stages and/or other sections of the Project or even off-site for other projects);

(iv)              elaborate in detail the arrangements and procedures on how the above solution shall be implemented on-site to establish an implementation plan. The details shall include, where appropriate, the specific measures to be adopted for minimizing waste generation; the timing and quantities of different types of waste arising from various stages or sections of the Project; the temporary storage arrangements of different types of waste including the locations of the designated segregation and storage areas; the reuse/recycling arrangements including the locations of any specific sections of Project or any other projects; the destinations, modes and routes of waste disposal; the various parties responsible for implementing the various waste management recommendations. The implementation plan shall be practicable and enforceable;

(v)                recommend a proper recording and management system to keep track of the compliance with the plan to facilitate audit purpose;

(vi)              take into account the latest C&DM disposal arrangement and address the associated environmental impacts that may arise;

(vii)             provide information on the management and disposal of marine deposit/alluvium arising from the Project.

 

All measures recommended in the deposited WMP shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the construction period.

 

2.8       The Permit Holder shall set up a Community Liaison Office prior to the commencement of construction and during the construction of the Project to service complaints, comments, suggestions or requests for information. The Permit Holder shall notify the Director the date of setting up the Community Liaison Office at least 2 weeks before the commencement of construction of the Project.

 

2.9    Five (5) sets of detailed drawing(s) and explanatory statements of all noise, dust and visual impact mitigation measures for the Tunnel Boring Machine (TBM) launching shaft and spoil conveyor system shall be submitted for approval at least one month prior to the commencement of construction of the TBM launching shaft and related spoil conveyor system. The mitigation measures shall include noise enclosures, fabric filter systems for the conveyor system, conveyor transfer points, hopper discharge areas and fixed transfer point. The detailed drawing(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-083/2005).

 

2.10      Within one month of the commencement of construction of the Project, the Permit Holder shall propose a plan and a system of web cameras for the Director’s agreement. The web camera(s) shall be designed to provide sufficient locations/views covering the whole alignment of the Project as shown in Figure 1 of this Permit. The locations shall include at least and, in particular:

 

(i)                  The construction access shaft near the southern end of Canton Road at the junction with Peking Road;

(ii)                The Tunnel Boring Machine (TBM) launching shaft at the southern end of West Kowloon Station; and

(iii)               In addition, any other major works area(s) as necessary.

 

3.         Submissions or Measures during Construction of the Project

 

            General Construction Requirements

 

3.1        Bored tunnelling shall be adopted along Canton Road, as indicated in Figure 2 of this Permit.

 

Measures to Mitigate Construction Noise Impact

 

3.2        The following measures shall be implemented during the operation of the Tunnel Boring Machine (TBM) launching shaft to achieve the construction noise performance at noise sensitive receivers as predicted in the EIA report:

 

(i)          When construction plants are to be operated inside the TBM launching shaft or the tunnel under Canton Road during restricted hours (between 7 p.m. and 7 a.m. or at any time on a general holiday (including Sunday)), the noise insulating cover for the launching shaft shall be effectively installed and used during that time to achieve an overall noise reduction of no less than 22dB(A) for all noisy works within the launching shaft;

(ii)        When a ventilation fan is to be operated, the ventilation fan shall be installed with sound attenuator to reduce the noise of the ventilation fan by no less than 15dB(A);

(iii)       Noise enclosures with no less than 10dB(A) reduction shall be installed for conveyor belt system and water pump system within or outside the launching shaft;

(iv)      The motor of the launching shaft gantry shall be screened to provide a noise reduction of no less than 5dB(A).

 

3.3        Purpose built temporary noise barriers of 2.4m high with no openings or gaps and having a superficial surface density of at least 14kg/m2 shall be erected on the site boundaries between noisy construction activities and noise sensitive receivers (NSRs) to provide a minimum of 5dB(A) attenuation for low level noise sensitive receivers.

 

3.4        Movable temporary noise barriers on a skid footing with cantilevered upper portion, of superficial density of no less than 14kg/m2 and with 25mm thick internal sound absorptive lining shall be located and used at the worksites as shown in Figure 3 of this Permit to shelter concrete lorry mixer, concrete pump truck, lorry/dump truck, concrete pump truck and hydraulic breaker operations. Movable barriers or flexible acoustic mat (shroud) shall be used for Powered Mechanical Equipment (PME) including pipe pile, rigs and auger. Full enclosure shall be used to shelter static plant including air compressor, generator, grout pump. The full enclosure, movable barriers and acoustic mat shall achieve no less than the noise reduction as listed below:

 

(i)         enclosure with 10dB(A) noise reduction for air compressor, electric grout pump, filtering plant/desander, silenced generator, electric grout mixer and water pump;

(ii)        enclosure with 5dB(A) noise reduction for bentonite filtering and mixing plant;

(iii)       movable barrier with 5dB(A) noise reduction for handheld breaker, circular saw, crawler drill and electric drill hole machine;

(iv)       acoustic mat with 5dB(A) noise reduction for auger, chisel, electric down the hole rig, piling, crawler crane/chisel/oscillator/reverse circulation drill (RCD) and pipe pile rigs.

 

3.5        When any items of construction plant as listed below are to be used at the Tunnel Boring Machine (TBM) launching shaft, only quiet plant as listed below shall be used to alleviate the noise impacts:

 

(i)         Gantry with Sound Power Level (SWL) not exceeding 95dB(A);

(ii)        Generator with SWL not exceeding 95dB(A);

(iii)       Compressor with SWL not exceeding 96dB(A);

(iv)       Conveyor belt with SWL not exceeding 90dB(A);

(v)        Ventilation fan with SWL not exceeding 98dB(A);

(vi)       Water pump, submersible (electric) with SWL not exceeding 85dB(A);

(vii)      Water pump (for waste water treatment plant) with SWL not exceeding 88dB(A);

(viii)      Diesel train with SWL not exceeding 108dB(A);

(ix)       Mortar car with SWL not exceeding 108dB(A);

(x)        Tunnel boring machine with SWL not exceeding 109dB(A).

 

3.6        The 100m tunnel section in front of Man King Building as shown in Figure 3 of this Permit shall be constructed in two sub-sections, each about 50m to reduce noise impact.

 

            Measures to Mitigate Construction Dust Impact

 

3.7        The spoil conveyor system from the Tunnel Boring Machine (TBM) launching shaft shall have the following features:

 

(i)         The spoil conveyor system shall be fully enclosed to suppress dust emission;

(ii)        Spoil conveyor transfer points and hopper discharge areas shall be enclosed to control dust emission;

(iii)       At the fixed transfer point, a three-sided roofed enclosure with a flexible curtain at the entrance point shall be provided. Exhaust fans shall be provided for this enclosure and vented to a suitable fabric filter system.

 

Measures to Mitigate Construction Water Quality Impact

 

3.8        There shall be no dredging activities, marine work, reclamation work and platform construction for the proposed barging facility.

 

3.9        There shall be no direct discharge of groundwater into any waterbodies and water systems. Contaminated groundwater from dewatering process shall be recharged into the ground at selected discharging wells located within the stockpile areas or temporary work areas. The location of the recharging wells shall be selected at places where the groundwater quality shall not be adversely affected by the recharging operation. Based on the EIA report, a working plan including the number of recharge wells and their specific locations, the baseline parameters of the recharge and monitoring locations, number of treatment facilities and their treatment capacities shall be submitted one month prior to the dewatering process.

 

Measures for Remediation of Contaminated Material/Soil

 

3.10      The remediation area for contaminated material/soil shall be clearly marked out on site and excavated to an extent of 3.5m radius from the sample location.

 

3.11      No excavated contaminated material/soil shall be stockpiled on site. Excavated contaminated material/soil shall be loaded onto trucks immediately. All trucks carrying contaminated material/soil for disposal at landfill site shall be covered by sheets to prevent dispersion/loss of contaminated material/soil during transport.

 

3.12      Confirmatory testing shall be carried out following excavation at each contaminated site to confirm the removal of all contaminated material/soil. The confirmatory testing shall consist of five samples in each contaminated site, situating immediately to the north, south, east and west of each contaminated site and at the base of the contaminated excavation if confirmatory testing identifies extended/continued contamination. The area of excavation shall be extended by a further 5m radius in the quadrant where further contaminated sample is encountered, or by further 0.5m depth if the contaminated sample is from the base of excavation. Confirmatory test shall be carried out following this excavation. This procedure shall be followed until no further contamination is encountered.

 

3.13      The remediation programme shall be supervised by an on-site Geotechnical Engineer/Decontamination Specialist. All relevant method statements prepared by the remediation contractor shall be reviewed and approved by the Geotechnical Engineer/Decontamination Specialist before proceeding with the works. The method statement shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA report.

 

Measure to Avoid Hazard

 

3.14    There shall be no overnight storage of explosive.

 

Measures to Mitigate Visual and Landscape Impact

 

3.15      All security lighting shall be directed downward into the works sites and works areas to control night lighting, light trespass and prevent glare impacting on surrounding visual sensitive receivers.

 

3.16      All the Champion trees along Haiphong Road shall not be adversely affected by the construction of the Project.

 

3.17      There shall be no adverse impact on existing mature trees in the site of the Former Marine Police Headquarters (FMPHQ) as a result of the construction of the Project.

 

3.18      The Project shall not encroach onto the Kowloon Park. The Permit Holder shall not possess the Kowloon Park Drive Children’s Playground during the construction of the Project.

 

3.19     Within six months after the commencement of construction of the Project, five (5) sets of detailed landscape drawing(s)/design drawing(s) shall be submitted to the Director for approval. The drawing(s) shall conform with the recommendations in the EIA report, including:

 

(i)                      A total of no more than 1,200 trees shall be affected (i.e. felled or transplanted), of which no more than 105 trees shall be of high amenity value;

(ii)                    A minimum of 80% of the affected trees of high amenity value shall be transplanted ;

(iii)                   The total number of compensatory trees shall not be less than 130% of the number of affected trees;

(iv)                  Landscape proposals with compensatory planting on the reinstatement and re-provision of the amenity areas and public open spaces affected by the Project;

(v)                    Compensatory trees shall be at least heavy standard size, unless planting is on a slope, in which case, tree size will be the largest practical size. Semi-mature size trees shall be used where appropriate at sensitive and prominent locations such as the Salisbury Garden;

(vi)                  Details of architectural design, chromatic treatment and visual and landscape mitigation measures for all above ground structures, including Station Entrances, Vent Shafts, Plant Room, Emergency and Firemen’s Accesses to show that they shall be sensitively designed in a manner that responds to the existing and planned urban context, which may include soft landscape measures to minimise the potential adverse landscape and visual impacts;

(vii)                 Temporary planting to be implemented along east side of West Kowloon Station (WKN) structure to provide partial screening and to create a pleasant pedestrian environment prior to any future property development on the sites;

(viii)               Tall shrubs and climbing plants to be planted against the face of the Canton Road Plant Building so as to soften building façade. Trees shall also be planted in locations around the Canton Road Plant Building where traffic sightlines permit;

(ix)                  Covering the 150m concrete tunnel box at Nam Cheong Park with topsoil and provision of landscape elements; and

(x)                    Transplanting proposal and measures to protect the trees to be retained within the construction site of the Project.

 

The submitted drawings and proposals shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA report.

 

Measures to Mitigate Impact on Cultural Heritage

 

3.20      The Permit Holder shall deposit five (5) sets of as-built drawing(s) within 1 month after the completion of the tunnelling works underneath the Former Marine Police Headquarters (FMPHQ) to confirm the vertical separation of 6-16m between the tunnels and the heritage elements in the FMPHQ compound is maintained. There shall be no physical contact with the Old Fire Station Buildings (OFSB) during construction. For the tunnel section underneath FMPHQ, a clear separation of about 6m between the tunnels and the OFSB, and 16m from the FMPHQ Main Building shall be maintained. The as-built drawing(s) shall be certified by the ET Leader and verified by the IEC before depositing with the Director.

 

3.21      Within one month of the completion of construction of the emergency egress point (EEP) at the south of Canton Road, the Permit Holder shall deposit five (5) sets of as-built drawing(s) to confirm that the EEP is more than 100 m away from the preserved historical tunnel at the southern end of Canton Road, of the Former Marine Police Headquarters (FMPHQ). The as-built drawing(s) shall be certified by the ET Leader and verified by the IEC before depositing with the Director.

 

4.         Submissions or Measures before and during Operation of the Project

 

Measures to Mitigate Operation Noise Impact

 

4.1        All the tracks for the Project shall be laid underground except for the 150m tunnel section at Nam Cheong Park which shall be enclosed in concrete box.

 

4.2        In accordance with the assumption in the EIA report, there shall be no jointed track used in the Project to achieve the operation noise performance in the EIA report.

 

4.3        Within one month after the completion of installing the tracks, the Permit Holder shall deposit five (5) copies of as-built drawing(s) for the operation ground borne noise mitigation measures (including the floating slab track). The drawing(s) shall be certified by the ET Leader and verified by the IEC to confirm that the following length of track types are installed in accordance with the locations specified in the EIA report as indicated below [1] . The location of the track types are shown in Figure 4 of this Permit.

 

(i)         130m Type 2 track from East Tsim Sha Tsui Station overrun tunnel to New World Subway Number 1;

(ii)        40m Type 3 track from New World Subway Number 1 to Nathan Road;

(iii)       180m Type 4 track from Nathan Road to Kowloon Park Drive Subway;

(iv)       50m Type 3 track from Kowloon Park Drive Subway to Former Marine Police Headquarters (FMPHQ);

(v)        1350m Type 2 track from FMPHQ to Jordan Road;

(vi)       1630m Type 1 track from Jordan Road to Olympian City Phase 3;

(vii)      240m Type 2 track from Olympian City Phase 3 to Hoi Fai Road; and

(viii)      180m Type 1 track from Hoi Fai Road to Nam Cheong Station overrun tunnel.

 

4.4        Six months prior to the operation of the Project, the Permit Holder shall submit to the Director for approval five (5) sets of noise performance test proposal. The noise performance test proposal shall include key sensitive receivers including the Hong Kong Cultural Centre, Hong Kong Space Museum, selected hotel(s) and domestic premises to illustrate that the operation of the Project meets the operational ground borne noise criteria in the EIA report. Before submission to the Director, the noise performance test proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.

 

4.5        Four months prior to the operation of the Project, the Permit Holder shall carry out the noise performance test in accordance with the approved noise performance test proposal and deposit with the Director five (5) sets of the noise performance test report, on the basis of Condition 4.4. Before submission to the Director, the noise performance test report shall be certified by the ET Leader and verified by the IEC. All measures as recommended in the noise performance test report shall be fully and properly implemented.

 

4.6        In accordance with the assumption in the EIA report, only West Rail Type Electric Multiple Units (EMUs) shall be deployed on the Project. The train length operating on the Project shall be limited to 9 cars maximum with maximum frequency not exceeding 34 trains per hour in each direction. Maintenance trains shall not operate on the Project except during emergency and scheduled maintenance.

 

Measures to Mitigate Operation Water Quality Impact

 

4.7        At least one month before the Project commences operation, the Permit Holder shall carry out audit and confirm in writing to the Director the implementation of the following operational water quality mitigation measures:

 

(i)         Freshwater cooling system shall be adopted to serve both the station and the tunnel;

(ii)                All tracks shall be contained in concrete tunnel box with tunnel wall equipped with water-tight liner.

 

The operational water quality mitigation measures audit shall be certified by the ET Leader and verified by the IEC.

 

Measures for Operation Visual and Landscape Impact

 

4.8      At least one month before the Project commences operation, five (5) sets of detailed landscape as-built drawing(s) showing the final locations of tree plantings to demonstrate compliance with the approved submissions under Condition 3.19 shall be deposited with the Director. This final set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 3.19 is fulfilled.

 

4.9       At least one month before the Project commences operation, the Permit Holder shall carry out audit and confirm in writing to the Director no adverse impact on all the Champion trees along Haiphong Road due to the construction of the Project. The confirmation shall be certified by the ET Leader and verified by the IEC.

 

5.         Environmental Monitoring and Audit Requirements

 

5.1       The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the updated EM&A Manual approved under Condition 2.6 of this Permit. 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 EM&A Manual before submission to the Director for approval.

 

5.2       A continuous noise monitoring programme shall also be implemented and operated in accordance with the procedures and requirements as set out in the EM&A Manual throughout the entire construction period.

 

5.3        Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:

 

(a)            conducting baseline environmental monitoring;

(b)            conducting impact monitoring;

(c)            carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

(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 for inspection on site.

 

5.4        Five (5) 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.

 

5.5        Five (5) hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of the reporting month. The 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 verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

 

5.6        Within three months of the commencement of construction of the Project, the Permit Holder shall install and thereafter maintain a system of web cameras covering the location(s) as agreed with the Director under Condition 2.10 of this Permit. The system shall provide real time visual monitoring of the site condition accessible by public through the dedicated web site set up by the Permit Holder under Condition 6.2.

 

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

 

6.                  Electronic Reporting of EM&A Information

 

6.1        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 Condition 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.

 

6.2       The Permit Holder shall, set up a dedicated web site and notify the Director in writing the Internet address where the environmental monitoring and project data is to be placed, within six weeks after the commencement of construction of the Project. All environmental monitoring data described in Condition 6.1 above shall be made available to the public via a dedicated web site to be set up by the Permit Holder 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.

 

6.3        The Internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring and project data including the EIA report and the environmental permit(s) and the project profile of the Project. The Internet website shall have 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 (noise, water and air quality); and

(d)               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 conditions 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 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.

 

4.         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.

 

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 construction or operation of 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.

[1] (i) Track Type 1 = Resilient baseplate, Type 2 = 12.5Hz Floating Slab Track (FST), Type 3 = 12.5Hz Modified FST, Type 4 = 10Hz Modified FST.

(ii)The tracks length in Condition 4.3 shall be translated into track chainages in the submission under Condition 2.5 of this Permit to enable their checking and audit to ensure compliance with the EIA report predictions.　

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