Environmental Permit No. EP-324/2008

環境許可證編號No. EP-324/2008

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

 

PART A (MAIN PERMIT)

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部所說明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：

 

Application No.

申請書編號：

AEP-324/2008

 

Document in the Register :

登記冊上的文件：:

 

(1) Agreement No. CE 73/98 Investigation Assignment for Widening of Tolo Highway/ Fanling Highway between Island House Interchange and Fanling :

–         Environmental Impact Assessment Report (March 2000) [Hereinafter referred to as the “EIA Report”]

–         Environmental Monitoring and Audit Manual (March 2000) [Hereinafter referred to as the “EM&A Manual”]

–         Environmental Impact Assessment Executive Summary (March 2000) [Hereinafter referred to as the “EIA Executive Summary”]

(Register No. AEIAR-037/2000)

 

(1) 協議書編號CE 73/98 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程之研究勘測：

–         環境影響評估報告 (2000年3月) [下稱 「環評報告」]

–         環境監察及審核手冊 (2000年3月) [下稱「環評摘要」]

–         環境影響評估行政摘要 (2000年3月) [下稱「環監手冊」]

(登記冊編號 : AEIAR-037/2000)

 

(2) The Director’s letter of approval of the EIA Report dated 14 July 2000, ref.: (70) in EP2/N5/A/23 III.

 

(2) 署長於2000年7月14日發出批准環評報告的信件，檔案編號：(70) in EP2/N5/A/23 III。

 

(3) Application for Environmental Permit submitted on 25 November 2008 (Application No. AEP-324/2008)

 

(3) 於2008年 11月25日提交的環境許可證申請 (申請書編號：AEP-324/2008)

 

 

 

 

 

 

 

 

 

 

 December 2008

 

 

 

 

 

 

 

 

 

 

Date

日期

 

(Maurice YEUNG)

Principal Environmental Protection Officer

(Assessment and Noise)

for the Director of Environmental Protection

環境保護署署長

(首席環境保護主任(評估及噪音)楊國良代行)

 

 

 

 

 

 

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):

下列為本環境許可證(下稱 “許可證”) A部所提述的指定工程項目的說明：

 

Title of Designated Project

指定工程項目的名稱

 

Widening of Tolo Highway/Fanling Highway between Island House Interchange and Fanling

舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程

 

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

[本指定工程項目下稱 “工程項目”]

 

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

 

A major improvement to existing expressways

對現有快速公路作重大改善工程

 

Location of Designated Project

指定工程項目的地點

 

Tolo Highway / Fanling Highway between Island House Interchange and Fanling

舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路

 

The location of the Project is shown in Figure 1 of this Permit.

指定工程項目的位置載於本許可證圖1。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

The Project mainly consists of the followings:-

工程項目主要範圍包括以下各項：－

 

(i)           Widening of a 5.7km section of Tolo Highway and 3.0km section of Fanling Highway between Island House Interchange and Wo Hop Shek Interchange from the existing dual 3-lane to dual 4-lane, including construction of new vehicular bridges;

(ii)         Widening of interchange sections at Island House Interchange, Tai Po North Interchange, and Lam Kam Road Interchange from dual 2-lane to dual 3-lane, including realignment of various slip roads;

(iii)        Improvement to the existing substandard merging arrangement at the southbound carriageway of Wo Hop Shek Interchange; and

(iv)       Modification and reconstruction of highways, vehicular bridges, underpasses and footbridges.

 

(i)           擴闊舊政務司官邸附近道路交匯處與和合石交匯處之間一段長5.7公里的 吐露港公路及一段長3公里的粉嶺公路，由雙程三線分隔行車道改為雙程四線分隔行車道；

(ii)         擴闊舊政務司官邸附近道路交匯處、大埔北交匯處和林錦公路交匯處的路段，由雙程雙線分隔行車道改為雙程三線分隔行車道；大埔北交匯處南行車道則由雙線行車改為四線行車。上述工程包括為各連接路重新定線；

(iii)        改善現有於和合石交匯處的南行行車道不合規格的匯合安排；及

(iv)       更改和重建公路，行車橋，行車隧道及行人天橋；

 

 

PART C (PERMIT CONDITIONS)

 

1                        General Conditions

1.1                 The permit holder and any person working on the Project shall comply with all conditions of 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 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-037/2000), the application documents including all attachments (Application No. AEP-324/2008), 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 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 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                        Special Conditions

Submissions or Measures to be implemented before Construction of the Project

 

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 one month before the commencement of construction of the Project.  The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project.  The ET shall be headed by an ET Leader.  The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management.  The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report 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 and this Permit or by the Director or his authorized officers.  Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader.  Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

2.2                 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project.  The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.  The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.  The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit.  In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.  The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.  The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project.  In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC.  Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.  Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

Management Organization of Main Construction Companies

2.3                 The Permit Holder shall, no later than 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.

Submission of Updated EM&A Manual

2.4                  The Permit Holder shall, no later than two months before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project.  Before submission to the Director, the EM&A Manual shall be certified by the ET and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No: AEIAR-037/2000), the application documents including all attachments (Application No. AEP-324/2008) and other relevant documents in the Register.  The EM&A Manual shall include the latest information on the EM&A requirements for air quality, noise, water quality, waste management, cultural heritage and ecological aspects.  All measures recommended in the approved EM&A Manual shall be fully and properly implemented according to the requirements and time schedule(s) set out in the approved EM&A Manual.

Measures to Mitigate Construction Noise Impact

 

2.5                 To mitigate construction noise impact arising from the Project, the following temporary noise barriers shall be erected before commencement of construction:-

(i)                      3.5 m and 5.5 m high temporary noise barrier at culvert construction work area as shown in Figure 2(a);

(ii)                    3 m high temporary noise barrier along the northern edge of Bridge 12 at ground level and 2 m high temporary noise barrier along the northern edge of Bridge 12 at bridge level as shown in Figure 2(b);

(iii)                   2.5 m high temporary noise barrier along Tai Wo Service Road West and 3.5 m and 7 m high temporary noise barrier along Tai Wo Service Road West near Tai Hang as shown in Figure 2(c);

(iv)                  7 m high temporary noise barrier along Tai Wo Service Road West near Tai Wo Footbridge work area and 7 m high temporary noise barrier near Kiu Tau Footbridge work area as shown in Figure 2(d); and

(v)                    2.5 m high temporary noise barrier near river diversion work area as shown in Figure 2(e).

Submission of Landscape Plan

 

2.6                 The Permit Holder shall, at least two months before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a landscape plan(s) showing details of the landscape measures and compensatory ecological planting, including boundaries of proposed works areas, trees within the works areas that require and do not require removal, compensatory ecological planting of about 5.5 hectares including native species.  The plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director, shall include details on locations, size, number and species of planting, implementation programme, maintenance and management schedules.  The submission shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report (Register No: AEIAR-037/2000), the application documents including all attachments (Application No. AEP-324/2008) and other relevant documents in the Register.

Measures to Mitigate Ecological Impacts

 

2.7                 Capture-surveys on the native frog species of Rana guentheri , tadpoles and fish shall be conducted within the Ma Wat River Northern Meander, location of which is shown in Figure 3, before commencement of construction works of the Project. Any of these species caught during the surveys shall be relocated to nearby undisturbed meander or river channel.

Measures and Submissions to be Implemented during Construction and Operation of the Project

 

Measures to Mitigate Traffic Noise Impact

 

2.8                 The Permit Holder shall implement the following mitigation measures before commencement of operation of the Project to mitigate the traffic noise impact arising from the Project:-

(i)                      Construction of noise barriers in accordance with the details shown in Figure 4(a)-(e); and

(ii)                    Provide low noise road surface at both the widened and reconstructed road sections covered under the Project.

2.9                 The Permit Holder shall deposit five (5) copies of as-built drawing(s) in 1:1000 scale for the noise barriers required under Condition 2.8(i) to the Director before commencement of operation of the Project.  The drawing(s) shall be certified by the ET Leader and verified by the IEC to confirm with Condition 2.8(i).

Measures to Mitigate Ecological Impacts

 

2.10             To compensate for loss of woodlands, the Permit Holder shall implement ecological compensatory planting in accordance with the approved Landscape Plan submitted under Condition 2.6 above before operation of the Project.

2.11             Work areas as shown in the approved Landscape Plan submitted under Condition 2.6 shall be fenced off using physical barriers during the construction stage of the Project to prevent encroachment of adjacent habitats.

2.12             Trees located within the works areas but do not require removal as shown in the approved Landscape Plan submitted under Condition 2.6 shall be fenced off during the construction stage of the Project and retained thereafter.

              Measures to Mitigate Visual and Landscape Impacts

2.13             All measures recommended in the approved landscape plan(s) shall be fully and properly implemented in accordance with the details and programme set out in the submission.

Measures to Mitigate Water Quality Impacts within Water Gathering Ground

 

2.14             For the part of the Project located within Water Gathering Grounds, to mitigate construction water quality arising from the Project, the following measures shall be implemented during construction:-

(i)                      No stockpiling or storage of earth, building materials, fuel, oil or toxic materials and other materials which may cause contamination to the Water Gathering Grounds; and

(ii)                    Construction plant which causes pollution to the Water Gathering Grounds due to leakage of oil or fuel shall be removed from the Water Gathering Grounds immediately.

3                        Environmental Monitoring and Audit (EM&A) Requirements

3.1                 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual of the Project.  Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before implementation.

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.  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 before submission to the Director.  Additional copies of the Monthly EM&A Reports shall be provided upon request by the Director.

3.4                 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.

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

3.6                 To ensure a high degree of transparency regarding the monitoring data and results, all environmental monitoring and audit data and results and all submissions and all performance test data and results 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.

3.7                 Records of measurements and remedial actions taken under Condition 3.4 of this Permit shall be logged and kept within 3 working days of the collection of data or completion of remedial action, shall be included in the EM&A Reports and shall be available for inspection on site or as requested by the Director.

4                        Electronic Reporting of EM&A Information

4.1                 To facilitate public inspection of the EM&A Manual, 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 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 Condition 3 of this Permit.  For the HTML version, a content page capable of providing hyperlink of 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 interlaced GIF, JPEG or PDF 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, within six weeks to the commencement of construction of the Project, set up a dedicated web site and notify the Director in writing the Internet address, where the project information, all environmental monitoring and audit data and reports described in Condition 4.1 above, and all finalized submissions and plans required under this Permit, are to be placed.  All environmental monitoring and audit data and reports described in Condition 4.1 above shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data and reports is / are collected or become available, unless otherwise agreed with the Director.  All finalized submissions and plans shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after they are deposited with or approved by the Director as required under this Permit, 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 and project information including the project profile of the Project, the EIA report, the environmental permit(s), all environmental monitoring and audit data and report and all finalized submissions and plans required under this Permit.  Unless otherwise agreed with the Director, the internet website shall have features capable of: -

(a)            providing access to all environmental monitoring data collected since the commencement of work;

(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, 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, 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 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-324/2008

環境許可證編號 EP-324/2008

 

| Figure 1 || Figure 2a || Figure 2b || Figure 2c || Figure 2d || Figure 2e || Figure 3 || Figure 4a || Figure 4b || Figure 4c || Figure 4d || Figure 4e |

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