Environmental
Permit No. EP-302/2008
環境許可證編號 EP-302/2008
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
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 HIGHWAYS DEPARTMENT (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路 政 署(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﹕
|
Application No. 申請書編號 |
AEP-302/2008 |
|
Documents in the Register: 登記冊上的文件： |
(1) Widening of
Environmental Impact
Assessment Report (December 2007) [Hereinafter referred to as the “EIA Report”] EIA Executive Summary (December 2007) [Hereinafter referred to as the “EIA Executive Summary”] Environmental Monitoring and Audit
Manual (December 2007) [Hereinafter referred to as the “EM&A Manual”] (1) 屯門公路近青田交匯處段道路擴闊工程環境影響評估[下稱 “環評報告”] 環境影響評估報告行政摘要 (2007年12月) [下稱「環評摘要」] 環境監察及審核手冊 (2007年12月) [下稱環監手冊]] (2) The Director’s letter of approval of the EIA
Report dated 23 January 2008 (Reference: (8) of Ax(3) to EP2/G/A/61 Pt. 3) |
|
(2) 署長於2008年1月23日發出批准環評報告的信件 (檔案編號：(8) of Ax(3) to EP2/G/A/61 Pt. 3 (3) Application for Environmental
Permit submitted on 24 January 2008 (Application
No. AEP-302/2008) 於2008年 1月24日提交的環境許可證申請 (申請書編號：AEP-302/2008) |
19 February 2008
2008年2月19日
|
Date 日期 |
|
(WONG Hon-meng) Principal Environmental Protection
Officer (Strategic Assessment) for Director of Environmental
Protection 環境保護署署長 (首席環境保護主任(策略評估)黃漢明代行) |
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:
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title
of Designated Project 指定工程項目的名稱 |
Widening of Tuen Mun Road at Tsing Tin Interchange [Hereinafter referred to as “the Project”] 屯門公路近青田交匯處段道路擴闊工程 [本指定工程項目下稱
“工程項目”] |
|
Nature of Designated Project |
A major improvement to an existing trunk road 對 現 有主 要 幹 路作 重 大 改 善工程
|
|
Location
of Designated Project 指定工程項目的地點 |
At the northern part of Town Centre
Section of Tuen Mun Road. The
location of the Project is shown in Figure 1 attached to this Permit. 擴闊工程位于屯門公路市中心路段以北。工程項目的位置載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Widening
of an approximate 240m long section of Tuen Mun Road at Tsing Tin Interchange
from dual 2-lane to dual 3-lane.
擴闊屯門公路青田交匯處一段長約240米的路段，由2線雙程行車改為3線雙程行車。 |
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 (EIAO) (Cap.
499) and may become the subject of appropriate action under the EIAO.
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), Waste
Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358),
Noise Control Ordinance (Cap. 400) and Dumping at Sea Ordinance (Cap. 466).
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-116/2008), the
application documents including all attachments (Application No. AEP-302/2008),
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 ongoing
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, 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 the Permit.
1.10 The Permit Holder shall release all
finalized submissions, as required under this Permit, to the public by
depositing copies in the EIAO 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 EIAO Register Office (currently at 27/F, Southorn Centre,
1.12 The Permit Holder shall notify the Director
in writing the commencement date of construction of the Project at least two
weeks before 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. Specific
Conditions
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An Environmental
Team (ET) shall be established by the Permit Holder no later than two weeks
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-116/2008) 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-116/2008) 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 The
Permit Holder shall employ an IEC no later than two weeks before the 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 change of circumstances or
non-compliance with the recommendations of the EIA Report (Register No.: AEIAR-116/2008) and this Permit,
which might affect the monitoring or control of adverse environmental impacts
from the Project. In case 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 by the Permit Holder to make replacement,
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.
Submissions after Commencement of Construction of the Project
2.3 The Permit
Holder shall, within one month 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 the Project. The information,
to be submitted, shall include at least an organization chart, names of
responsible persons and their contact details.
Measures to Mitigate Traffic Noise Impact
2.4 To
mitigate the traffic noise impact
arising from the Project, the following measures shall be constructed in
accordance with the details shown in Figure 2 before operation of the Project:
(a)
A section
of a 100m long 6m high cantilevered barrier with 3.5m cantilever inclined at
23° on the Kowloon bound of Tuen Mun Road; and
(b)
A section of
80m long 6m high cantilevered barrier with 2.5m cantilever inclined at 23° on
the Yuen Long bound of Tuen Mun Road
Each noise barrier shall be a
continuous structure with no gap or opening except where an access road or an emergency
exit is required. The noise
barriers shall be properly maintained during operation of the Project.
Measures to Mitigate Ecological Impact
2.5 To minimize impacts to the nearby Tuen Mun River
Channel during construction of the Project, site runoff from construction
activities shall be prohibited from entering the River Channel and shall be
directed towards regularly cleaned and maintained sand traps, silt traps and,
where appropriate, oil/grease separators.
Measures to Mitigate Hazard To Life
Impact
2.6 To mitigate the hazard to life impact from the the Tuen Mun
Water Treatment Works during construction of the Project, escape routes for
construction workers shall be formulated in case of gas release incidents at
the Water Treatment Works and these escape routes shall be posted on the site
notice boards and at the site entrance and exit.
2.7 Before commencement of
construction of the Project, 7 number of trees within the site (as shown in
Figure 3) shall be transplanted to the designated transplanting locations (as
shown in Figure 4). All the transplanted trees shall be properly maintained
during construction and operation of the Project. Any of these trees damaged during
construction and operation of the Project shall be replaced.
2.8 To
compensate for trees felled as a result of the construction works of the
Project, at least 47 number of trees shall be planted within the site as shown
in Figure 5 before operation of the Project. All these trees shall be properly
maintained during operation of the Project. Any of these trees damaged during
operation of the Project shall be replaced.
3. Environmental
Monitoring and Audit Requirements
3.1 An EM&A
programme shall be implemented in accordance with the procedures and
requirements as set out in the EM&A Manual. 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.
3.2 Four hard copies and one electronic copy of Baseline Monitoring
Report shall be submitted to the Director at least two weeks before the commencement
of construction. The submissions
shall be certified by the ET Leader and verified by the IEC as having complied
with the requirements as set out in the EIA Report (Register No.: AEIAR-116/2008)
before submission to the Director. Additional copies of the Baseline
Monitoring Report shall be provided upon request by the Director.
3.3 Four hard copies and one electronic copy of Monthly EM&A Reports
for the construction stage shall be submitted to the Director, within 2 weeks
after the end of the reporting month. The submission shall be certified by the
ET Leader and verified by the IEC as having complied with the requirements as
set out in the EIA Report (Register No.: AEIAR-116/2008)
before submission to the Director. Additional copies of the Monthly
EM&A Reports shall be provided upon request by the Director.
3.4 All
EM&A results submitted under this Permit shall be true, valid and correct.
3.5 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) as set out in the
Event/Action Plan, or as agreed by the Director.
4. Electronic
Reporting of EM&A Information
4.1
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 1.3 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
above 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.
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 EIAO, and the following notes are for general
information only.
2. If
there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of the
Secretary for the Environment, 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 EIAO 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 responsibility for the whole or a part of the Project may,
before he assumes responsibility of the Project, apply under Section 12 of the
EIAO to the Director for a further environmental permit.
5. Under
Section 14 of the EIAO, the Director may with the consent of the Secretary for the Environment, 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 operation of the Project,
another environmental permit must be obtained under the EIAO before the Project
could be continued. It is an offence under Section 26(1) of the EIAO to operate
a designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
Environmental
Permit No. EP-302/2008
環境許可證編號 EP-302/2008
ID:
Tmtsingtinep
Table 1 : Botanical names of trees to be transplanted
(This
table should be read in conjunction with Figure
3)
|
Tree no. |
Botanical Name |
|
|
1 |
Melaleuca quinquenervia |
|
|
16 |
Melaleuca quinquenervia |
|
|
35 |
Melaleuca quinquenervia |
|
|
63 |
Gossampinus malabarica |
|
|
69 |
Melia azedarach |
|
|
169 |
Melaleuca quinquenervia |
|
|
411 |
Melaleuca quinquenervia |
|
| Figure
1 |
Figure 2 | Figure
3 | Figure
4 | Figure
5 |