Environmental Permit No. EP-239/2006
環境許可證編號 EP-239/2006
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 Trade Development Council (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貿易發展局(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-239/2006 |
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Document in the Register : 登記冊上的文件:
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1. Hong Kong Convention and Exhibition Centre, Atrium Link Extension - Environmental Impact Assessment Report - Environmental Monitoring and Audit Manual - Executive Summary Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-100/2006)
香港會議展覽中心中庭擴建工程 - 環境影響評估報告 - 環境監察與審核手冊 - 行政摘要 下稱“環評報告”（登記冊編號AEIAR-100/2006）
2. The Director’s letter of approval of the EIA Report dated 21 April 2006 referenced (12) in EP2/H5/A/14 Pt.2
環境保護署署長於二○○六年四月二十一日發出批准環評報告的信件檔案編號 (12) in EP2/H5/A/14 Pt.2
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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 27 January 2006 (Application No.: AEP-239/2006)
許可證持有人於二○○六年一月二十七日提交的許可証申請文件（申請書編號：AEP-239/2006）
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12 May 2006 |
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Date 日期 |
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(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 Aof 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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Hong Kong Convention and Exhibition Centre, Atrium Link Extension (This designated project is hereafter referred to as “the Project”) 香港會議展覽中心中庭擴建工程(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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The Project will involve full enclosure by decking above and by structure on the sides of roads for more than 100m. 此工程項目會涉及完全包圍長度超過100米的道路，道路其上和兩邊都會被蓋 層和構築物所包圍。
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Location of Designated Project 指定工程項目的地點
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Between Phase I and Phase II of the Hong Kong Convention and Exhibition Centre, Wan Chai, Hong Kong. 香港灣仔香港會議展覽中心第一期與第二期之間。
The location of the Project is shown in Figure 1 of this Permit.
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Scale and Scope of Designated Project |
Demolition of the existing Atrium Link between Phase I and Phase II of the Hong Kong Convention and Exhibition Centre; and construction and operation of the Atrium Link Extension. 拆卸現有香港會議展覽中心第一期與第二期之間的中庭通道；興建及營辦連接中庭擴建工程項目。 |
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400) 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 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 description in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-100/2006), the Application for Environmental Permit (Application No. AEP-239/2006) 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 week 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.
1.14 The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one week 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. Specific Conditions
Employment of Environmental Monitoring and Audit (EM&A) Personnel
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 in accordance with the requirements as contained in the EM&A Manual (Register No. AEIAR-100/2006) of the Project. 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 and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-100/2006) or this Permit. The ET Leader shall notify the Independent Environmental Checker (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-100/2006) 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.
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 (Register No. AEIAR-100/2006) of the Project 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-100/2006) 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.
2.3 The Permit Holder shall, no later than one week 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.
Measures for Mitigating Water Quality Impact
2.4 The Permit Holder shall liaise with the owners and the operators of the seawater intakes as shown in Figure 2 of this Permit to install silt screens at the seawater intakes. The silt screens shall be installed before the commencement of the marine pile installation works. The silt screen shall also be properly maintained until the removal of all of the temporary marine piles to reduce marine sediment impact at the seawater intakes. Four copies of a method statement specifying the design and maintenance requirements of the silt screens shall be deposited with the Director no later than two weeks before the commencement of the marine pile installation works. The submission shall be certified by the ET Leader and verified by the IEC as complied with the requirements set out in the EIA report before submission to the Director.
2.5 Installation and extraction works of the temporary marine piles in the water channel which is shown edged blue in Figure 3 of this Permit between the Phase I and Phase II of the Hong Kong Convention and Exhibition Centre (HKCEC) shall be conducted within an area surrounded by two layers of silt curtains. The silt curtains shall be properly maintained to control dispersion of marine sediment. Four copies of a method statement specifying the design and maintenance requirements of the silt curtain system shall be deposited with the Director no later than two weeks before the commencement of the marine pile installation works. The submission shall be certified by the ET Leader and verified by the IEC as complied with the requirements set out in the EIA report before submission to the Director.
2.6 No dredging and no reclamation works shall be carried out in the water channel which is shown edged blue in Figure 3 of this Permit between the Phase I and Phase II of the HKCEC.
2.7 No permanent structure shall be constructed in the water channel which is shown edged blue in Figure 3 of this Permit between the Phase I and Phase II of the HKCEC. All temporary structures in the water channel shall be removed before the operation of the Project.
2.8 To avoid adverse impact on the flushing capacity of the water channel which is shown edged blue in Figure 3 of this Permit between the Phase I and Phase II of the HKCEC, no more than 80 no. of temporary marine piles shall be installed in the water channel. An indicative drawing showing the pile layout and the pile dimension of 800mm diameter is shown in Figure 3 of this Permit. Four copies of the design drawings specifying the pile dimension and layout shall be deposited with the Director no later than two weeks before the commencement of installation of the marine piles. The submission shall be certified by the ET Leader and verified by the IEC as complied with the requirements set out in the EIA report before submission to the Director.
Measures for Mitigating Air Quality Impact
2.9 The Permit Holder shall liaise with the owners and operators of the fresh air intakes at Location A4, A5 and A6 as shown in Figure 4 of this Permit to provide ventilation facility to maintain a supply of fresh air to these intakes. The ventilation facility shall be installed to draw in fresh air above the roof-top of the Atrium Link Extension, at a height of no less than 55mPD, before the operation of the Project. Four copies of the design drawings of the ventilation facility shall be deposited with the Director no later than two weeks before the commencement of installation of the ventilation facility. The submission shall be certified by the ET Leader and verified by the IEC as complied with the requirements set out in the EIA report before submission to the Director.
Measures for Mitigating Landscape and Visual Impact
2.10 The Permit Holder shall, within six months after the commencement of construction of the Project, deposit with the Director a submission containing the implementation programme for landscape and visual mitigation measures, for both the construction and operation stages of the Project, and to cover the following aspects:
(a) protection and transplantation of all existing trees affected by the Project;
(b) measures to mitigate visual impacts of construction site/structures and construction activities;
(c) building architecture of the Atrium Link Extension;
(d) soft and hard landscape designs for the rooftop garden and the shady covered area underneath the Atrium Link Extension; and
(e) measures to reinstate the existing waterfront public footpaths along Convention Avenue and the existing open spaces near Fenwrick Street.
The Permit Holder shall deposit the plan(s) specifying the relevant details of the mitigation measure packages no later than two weeks before the implementation of that particular mitigation measure package(s). All measures recommended in the deposited plans shall be fully and properly implemented in accordance with the details and time schedules as set out in the submissions. All submissions required under this Condition shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report before submission to the Director.
3. Environmental Monitoring and Audit (EM&A) Requirements
3.1 The EM&A programme of the Project, including the monitoring for water quality and air quality during the construction stage and the monitoring for air quality at the initial operation stage, shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR-100/2006) of the Project. Changes to the EM&A requirements or programme shall need justification by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual; and the prior approval from the Director shall be sought before their implementation.
3.2 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one week before the commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
3.3 Four hard copies and one electronic copy of the monthly EM&A Reports for the construction and operation stages shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
3.4 All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct.
3.5 Any necessary remedial measures and actions as described in the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the EM&A Manual, or as agreed by the Director.
3.6 To ensure a high degree of transparency regarding the monitoring results, all EM&A data and all submissions required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.
4. Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 3.2 and 3.3 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.
4.2 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 results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable, 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.
4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and 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 work and all submissions under this permit;
(b) searching by date;
(c) searching by types of monitoring data; 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 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.