Environmental Permit No. EP-236/2006
環境許可證編號 EP-236/2006
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to THE HONG KONG JOCKEY CLUB (hereinafter referred to as the "Permit Holder") to construct and to 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香港賽馬會(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。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-236/2005 |
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Document in the Register : 登記冊上的文件:
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1. Main Arena of the 2008 Olympic Equestrian Event - Final Environmental Impact Assessment Report - Environmental Impact Assessment Report - Executive Summary Hereinafter referred to as the “EIA Report” (Register No : AEIAR-097/2006)
奧運馬術項目主場館 - 最終環境影響評估報告 - 環境影響評估報告 - 行政摘要 - 下稱“環評報告”（登記冊編號AEIAR-097/2006）
2. The Director’s letter of approval of the EIA Report dated 24 March 2006 referenced EP2/N1/O/43
環境保護署署長於二○○六年三月二十四日發出批准環評報告的信件檔案編號EP2/N1/O/43
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Document in the Register : 登記冊上的文件:
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3. Application for Environmental Permit received on 21 December 2005 (Application No.: AEP-236/2005)
許可證持有人於二○○五年十二月二十一日提交的許可証申請文件（申請書編號：AEP-236/2005）
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Date 日期 |
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(Maurice K.L. YEUNG) Acting Principal Environmental Protection Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任楊國良代行) |
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PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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Main Arena of the 2008 Olympic Equestrian Event (This designated project is hereafter referred to as “the Project”) 奧運馬術項目主場館(本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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Provision of an outdoor main arena with capacity to accommodate more than 10,000 persons for the 2008 Olympic and Paralympic Equestrian Event 為二零零八年奧運及傷殘人士奧運馬術項目提供可容納10,000人以上的戶外主場館 |
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Location of Designated Project 指定工程項目的地點
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The Hong Kong Sports Institute, Shatin 位處沙田香港體育學院。
The location of the Project is shown in figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內
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Scale and Scope of Designated Project |
Construction and operation of an outdoor main arena with a capacity to accommodate 20,000 persons for the 2008 Olympic and Paralympic Equestrian Event. 為二零零八年奧運及傷殘人士奧運馬術項目建造及營辦可容納20,000人的戶外主場館 |
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) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defense 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 authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project 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 Project site(s).
1.6 The Permit Holder shall construct the Project in accordance with the project description in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-097/2006), the Application for Environmental Permit (Application No. AEP-236/2005) and other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under on-going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All deposited submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, 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 Environmental Impact Assessment 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 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 preparation or other works as agreed by the Director.
2. Submissions or Measures before Commencement of Construction of the Project
2.1 An ET shall be established by the Permit Holder no later than two 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 as contained in the approved EM&A Manual submitted under Condition 5.1 of this Permit. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment report and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-097/2006) 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 approved EIA Report (Register No. AEIAR-097/2006) or this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.
2.2 An IEC shall be employed by the Permit Holder no later than two 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 to be submitted and approved under Condition 5.1 of this Permit and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, 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-097/2006) or 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. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.
2.3 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.
3. Submissions or Measures during Construction and Reinstatement of the Project
Measures to Mitigate Construction Noise Impact
3.1 Noise reduction measures in the form of movable barrier or site hoarding shall be adopted to alleviate the construction noise impacts. A purpose built temporary noise barriers of 2.4 m high shall be built along the site boundaries. Movable barrier with a wooden or steel frame of vertical/cantilever type shall be adopted and located close to the noise generating part of Powered Mechanical Equipment (PME). The barrier material shall have a surface mass of not less than 14 kg/m2 on a skid footing with 25mm thick internal sound absorptive lining to achieve the maximum screening effect.
3.2 The permit holder shall liaise with the school representative(s) including but not limited to Hong Kong Institute of Vocational Education (Shatin), Jockey Club Ti-I College, International Christian School – Elementary and Leung Kui Kau Primiary School to obtain the examination schedule to avoid noisy construction activities during the school examination period.
3.3 The Permit Holder shall ensure the implementation of noise mitigation measures are in full compliance with the details as set out in Conditions 3.1 above.
3.4 No percussive piling shall be carried out.
Measures to Mitigate Landscape Impact
3.5 All tree felling and transplanting activities shall strictly be conducted in accordance with the Tree Survey Schedule at Appendix 1.
3.6 The Permit Holder shall submit three sets of the landscape impact mitigation plan for the Olympic mode (including the details of tree felling, transplanting and retention, methodology for transplanting and protection of retained trees, tree compensation plan and landscape plan) to the Director for approval at least three months before commencement of construction. Compensation of trees shall be in a ratio of at least 2 new trees for every tree felled. Similarly the landscape impact mitigation plan for the reinstatement works shall be submitted at least three months before commencement of reinstatement works. Implementation of all works in the landscape impact mitigation plans shall be certified by the IEC and as built drawings shall be deposited with the Director upon completion of the works.
4. Measures during Operation of the Project
Measures to Mitigate Operational Noise Impact
4.1 A limiter device shall be installed and operated in the Public Address System to ensure full control of setting the maximum output sound level during the Test Event, Olympic Event and Paralympic Event.
4.2 Directional loudspeakers shall be used for the Public Address System.
Measures to Mitigate Odour Impact
4.3 Two rounds of odour patrol shall be conducted; one during the Test Event and the other just prior to the Olympic Event after the arrival of all competition horses in order to ascertain the odour impact.
Measures to Mitigate Water Quality Impact
4.4 A low flow interceptor drainage system shall be constructed and in operation to intercept surface runoff.
4.5 A new sewer shall be constructed along the pathway of the Shing Mun River to collect the sewage from the low flow interceptor drainage system.
Measures to Mitigate Glare Impact
4.6 The use of the floodlights at the Main Arena shall be restricted to competition hours only.
4.7 Each floodlight unit at the Main Arena shall have a built-in antiglare baffle and visor shield to limit the glare.
4.8 Each floodlight unit at the Main Arena shall not be equipped with metal halide lamps of more than 2000W.
4.9 The illuminance level of floodlight units shall be reduced to that of the existing racecourse after the 2008 Olympic and Paralympic Equestrian Events. The Permit Holder shall submit information on the existing illumination level of the existing racecourse before construction of the Main Arena for this purpose.
5. Environmental Monitoring and Audit (EM&A) during the Construction, Operational and Reinstatement Periods
5.1 At least two weeks before the commencement of construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction, operational and reinstatement of the Project. The EM&A Manual shall list out the means to mitigate the construction noise impact; the environmental quality performance limits (Action and Limit Levels); Event/Action Plans and decision audit flow charts; procedures for reviewing the monitoring results; and compliance audit procedures and follow-up as stated in Annex 21 of the TM; and shall propose a community liaison channel which shall be set up during the construction and reinstatement of the Project to service complaints, comments, suggestions or requests for information. The EM&A Manual shall also set out the complaint investigation procedure referred to in condition 5.3 of this permit. The EM&A Manual approved under this condition shall hereinafter be referred to as the “EM&A Manual”.
5.2 The Permit Holder shall take samples and measurements in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline noise monitoring as set out in the EM&A Manual;
(b) conducting impact monitoring on noise as set out in the EM&A Manual with monitoring data and figure(s) made available to the public via internet access set up under Condition 6.2 for public/community early information in no event later than 3 days after the relevant environmental monitoring data are collected or become available (see Note 7);
(c) carrying out remedial actions in accordance with the Event and Action Plan, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of the details of (a) to (c) above within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
5.3 The Permit Holder shall set up a construction complaint investigation procedure at least 2 weeks before the commencement of construction and reinstatement works. The complaint investigation procedure shall follow the requirements set out in the EM&A programme.
5.4 All EM&A data submitted under this Permit shall be true, valid and correct.
5.5 Three hard copies and two electronic copies of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of any construction or reinstatement works. The Report shall include, but without limitation to, the details of the baseline noise monitoring. Additional copies of the submission shall be provided to the Director upon request from the Director.
5.6 Three hard copies and two electronic copies of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.
5.7 The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plan, or as agreed by the Director.
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 hard copies 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 hard copies.
6.2 All environmental monitoring data described in Condition 6.1 above, including all monitoring data in Condition 5.2(b) for public/community early information, shall be made available to the public via internet access in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director (see Note 7). The Permit Holder shall notify the Director in writing, within 4 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.
6.3 The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data with features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by types of monitoring data (air quality and construction waste); and
(d) hyperlinking to relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes :
1. This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) and Part C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the Ordinance, and the following notes are for general information only.
2. If there is a breach of any 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 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 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 Project 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 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.