Environmental Permit No

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

Yuen Long, Kam Tin, Ngau Tam Mei and Tin Shui Wai Drainage Improvement Stage 1, Phase 2B - Kam Tin Secondary Drainage Channel KT13

元朗、錦田、牛潭尾及天水圍雨水排放系統改善工程第1階段第2B期 - 錦田二級排水道 KT13

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

[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

Drainage works

排水工程

Location of Designated Project

指定工程項目的地點

Ma On Kong, Kam Tin

錦田馬鞍崗

Figure 1 and Figure 2 attached to this Permit shows the location of the Project.
工程項目的位置載於本許可證的附圖1及附圖2。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

To construct and operate a drainage channel which discharges into an area which is less than 300m from the nearest boundary of an existing conservation area and a bypass culvert which is partly in an existing conservation area

建造及營辦一條排水道及暗渠，該排水道排水入一個距離現有的自然保育區的最近界線少於300米的地區，暗渠的部分工程位於現有的自然保育區內

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) 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 Project site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project 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-103/2006), 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 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 Ordinance.

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 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.

1.12 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 Environmental Team (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 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 requirements as contained in the EIA Report (Register No. AEIAR-103/2006) 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 environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report (Register No. AEIAR-103/2006) 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 recommendations of the EIA Report (Register No. AEIAR-103/2006) 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 EIA Report (Register No. AEIAR-103/2006) 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 EIA Report (Register No. AEIAR-103/2006) 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 facsimile transmission, within one working day of receipt of notification from the ET Leader, each and every instance or circumstance or change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-103/2006) 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 EIA 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, at least two weeks after the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

2.4 The Permit Holder shall carry out a condition survey for a historical grave (KT13-02-02). The Permit Holder shall, at least three months before the commencement of construction of the proposed bypass culvert, deposit with the Director four hard copies and one electronic copy of the method statement of the condition survey. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request by the Director.

3. Measures during Construction of the Project

3.1 To enhance the ecological value, the Project shall be constructed in accordance with Figure 1, Figure 2 and Figure 3.

3.2 To restrict access by construction workers or equipment or works to ecological sensitive areas, temporary chain link fence shall be provided along the site boundary as shown in Figure 4.

3.3 To mitigate the loss of trees, a compensatory tree planting area of 855m² shall be implemented as shown in Figure 4. The proportion by area of the planting species to be used is 40% of Bambusa eutuldoides, 15% of Cinnamomun camphora, 15% of Celtis tetranda, 15% of Ficus virens and 15% of Ficus microcarpa.

3.4 To provide a screening effect between the proposed maintenance access and the middle section of the existing stream course, Bambusa eutuldoides shall be planted in a staggered double row along the maintenance access as shown in Figure 4.

3.5 The Permit Holder shall not construct the Project within 100m of the ecological buffer area, as shown in Figure 4, during the period from 1^st March to 31^st May. Activities within 100m of the ecological buffer area shall be restricted to transit movements by construction vehicles during this period.

3.6 The Permit Holder shall carry out the monitoring of the Ho Pui egretry during the period from 1^st March to 31^st August as specified in the EM&A Manual. If no egret nest is found at the egretry during the period from 1^st March to 31^st May, the Permit Holder can start the construction works within 100m of the ecological buffer area upon obtaining the Director’s approval until February in the next year. If egret nests are found during the period from 1^st March to 31^st August, no construction shall take place within 100m of the ecological buffer area before 1^st October.

3.7 The Permit Holder shall construct Section A and Section B of the Project, as shown in Figure 4, in segments of maximum 75m in length.

3.8 The structure of a historical grave (KT13-02-02) shall be remained intact during the construction.

3.9 Excavated materials or materials alike arising from the Project shall be reused in the Project site. No such surplus excavation material and construction waste shall be disposed of anywhere except the Public Filling Facility at Tuen Mun Area 38 and the North East New Territories (NENT) Landfill or other location(s) as agreed with the Director.

4. Measures during Operation of the Project

4.1 To minimize potential ecological disturbance from the routine maintenance activity of the Project, the annual silt removal shall be carried out by hand or light machinery in the dry season only (October to March in the next year).

4.2 No less than 148 heavy standard size trees shall be provided in the Project area. The landscape plans in Figure 5 and Figure 6 shall be fully implemented. The Permit Holder shall, within one month after the completion of construction of the Project, deposit with the Director four hard copies and one electronic copy of as-built drawings of scale 1 to 1000 with an explanatory statement showing the location, size, number, and species of planting in the Project area. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request by the Director.

5. Environmental Monitoring and Audit (EM&A) Requirements

5.1 The EM&A programme of the Project shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. Changes to the EM&A requirements or programme and termination of the programme shall need justification by the ET Leader and verified by the IEC to their compliance with the requirements as set out in the EM&A Manual; and the prior approval from the Director shall be sought before their implementation.

5.2 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 logging and keeping records of details of 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; and

(d) conducting post-construction ecological monitoring (including but not limited to Mikania monitoring and its clearance work, and a record of sediment depth at the open channel).

5.3 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request by the Director.

5.4 Four hard copies and one electronic copy of the Monthly EM&A Reports for the construction stage shall be submitted to the Director within 10 working days at the end of the reporting month. The Monthly Impact 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 before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.5 Four hard copies and one electronic copy of the Quarterly Post-construction Ecological Monitoring Summary Report shall be submitted to the Director within 10 days at the end of the reporting period. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.6 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 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 5.3 and 5.4 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 electronic copies of these Reports must be the same as hard copies.

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.

Environmental Permit No. EP-263/2007

環境許可證編號 EP-263/2007

[ Back to First Page ] / [ Back to Main Index ]

	Application No. 申請書編號：	AEP-263/2007
	Document in the Register: 登記冊上的文件：	(1) Yuen Long, Kam Tin, Ngau Tam Mei and Tin Shui Wai Drainage Improvement Stage 1, Phase 2B - Kam Tin Secondary Drainage Channel KT13 - Environmental Impact Assessment Final Report - Environmental Monitoring and Audit Manual - Executive Summary (Register No.: AEIAR-103/2006) [Hereinafter referred to as the “EIA Report”] (1) 元朗、錦田、牛潭尾及天水圍雨水排放系統改善工程第1階段第2B期 - 錦田二級排水道 KT13 - 環境影響評估報告 - 環境監察與審核手冊 - 行政摘要 (登記冊編號: AEIAR-103/2006) [下稱「環評報告」] (2) The Director’s letter of approval of the EIA report dated 24 October 2006 (Reference: (21) in EP2/N6/I/57 Pt. 14) (2) 署長於2006年10月24日發出批准環評報告的信件（檔案編號: (21) in EP2/N6/I/57 Pt. 14） (3) Application for Environmental Permit submitted by the Permit Holder on 16 January 2007 (Application No. AEP-263/2007) (3) 許可證持有人於2007年1月16日提交的環境許可證申請（申請書編號：AEP-263/2007）
13 February 2007
Date 日期			(Tony W.H. CHEUNG) Atg. Principal Environmental Protection Officer (Strategic Assessment) for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任(策略評估) 張偉雄代行)