Environmental Permit No. EP-337/2009
環境許可證編號EP-337/2009
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 (the EIAO), the
Director of Environmental Protection (the Director) grants this Environmental
Permit to Civil Engineering and
Development 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第10條的規定，環境保護署署長(署長)將本環境許可證批予土木工程拓展署(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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application
No. 申請書編號： |
AEP-337/2009 |
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Document
in the Register: 登記冊上的文件： |
(1)
Kai Tak Development - Environmental Impact
Assessment (EIA) Report (Volume 1 to Volume 7), EIA Executive Summary and
Environmental Monitoring and Audit (EM&A) Manual (Register No. AEIAR-130/2009)
[hereinafter referred to as the "EIA Report"] 啟德發展計劃–環境影響評估(環評)報告 (第一冊至第七冊)、環評行政摘要及環境監察及審核計劃 (登記冊編號：AEIAR-130/2009) [下稱 「環評報告」] |
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(2)
The Director’s letter of approval of the EIA
report dated 4.3.2009 referenced (40) in Ax(3) to EP2/K19/S3/ 署長於 |
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(3)
Application documents including all attachments
submitted by the Permit Holder on 26.3.2009 (Application No. AEP-337/2009) 申請文件包括許可證持有人於 |
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Date 日期 |
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(Victor YEUNG) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (處理首席環境保護主任 楊維德代行) |
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PART B (DESCRIPTIONS
OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated projects mentioned in Part A of this environmental permit:
(hereinafter referred to
as the Permit)
下列為本環境許可證(下稱許可證)A部所提述的指定工程項目的說明:
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Title
of Designated Projects 指定工程項目的名稱 |
New distributor roads
serving the planned Kai Tak Development [this is referred hereafter as “the
Project”] 服務計劃中的啟德發展的新幹路道路 [本指定工程項目下稱「工程項目」] |
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Nature
of Designated Projects |
New district
distributor roads. 新地區幹路道路。 |
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Location
of Designated Project 指定工程項目的地點 |
The distributor roads
are located at the Kai Tak Development area. The location of the Project is
shown in Figure 1 of this Permit. 幹路道路位於啟德發展區上。圖1顯示工程的位置。 |
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Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
Construction
and operation of the following district distributor roads: (a) Road D1 – a dual 2-lane carriageway of
approximately (b) Road D2 – a dual 3-lane carriageway of
approximately (c) Road D3 – a dual 2-lane carriageway of
approximately (d) Road D4 – a dual 2-lane carriageway of
approximately 建造及營辦以下地區幹路道路: (a)
D1道路 – 約1.3千米長的雙線雙程車道 (b)
D2道路 – 約1.1千米長的三線雙程車道 (c)
D3道路 – 約2.3千米長的雙線雙程車道 (d)
D4道路 – 約0.9千米長的雙線雙程車道。 |
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 (EIA) 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 (a) constitute any ground
of defense against any proceedings instituted under any legislation or (b)
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 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 EIA Ordinance Register
Office.
1.4
The Permit Holder shall give a copy of this
Permit to the person(s) in charge of the Project 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 / or 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 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 as described 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 EIA Report (Register no. AEIAR-130/2009); 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, 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 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 submission 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
means as specified by the Director, for public inspection. For this purpose,
the Permit Holder shall provide sufficient copies of the submissions.
1.11
The Permit Holder shall notify the Director in
writing the commencement date of the construction of the Project no later than
one month prior to the commencement of the 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.
1.12
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.
1.13
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 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 EM&A Manual (Register No. AEIAR-130/2009) 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-130/2009) or this Permit. The ET Leader shall notify
the IEC within one working day of the occurrence of any such instance or
circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the approved EIA Report (Register No.
AEIAR-130/2009) 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 Independent Environmental Checker (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-130/2009) 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-130/2009) 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.
Management Organization of Main Construction
Companies
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.
Submission of Design Drawing of the Project
2.4 The Permit
Holder shall, no later than one
month before the commencement of
the construction works of the Project, deposit four hard copies and one electronic copy of
design drawing(s) of the Project, including the promenade deck above Road D3
referred in Condition 2.6 below, with scale of at least 1:1000.
Measures for Mitigating Noise
Impact
2.5 The following mitigation measures
shall be implemented to minimize the possibility of noise impact to sensitive
receiver(s) during construction of the Project:
(a) Quiet powered mechanical
equipment (PME) shall be used for the construction of the Project.
(b) Full enclosures shall
be used to screen noise from relatively static PMEs (including air compressor,
bar bender, concrete pump, generator and water pump) from sensitive
receiver(s).
(c) Movable cantilevered
noise barriers shall be used to screen noise from mobile PMEs (including
asphalt paver, breaker, excavator and hand-held breaker) from sensitive
receiver(s). These movable cantilevered noise barriers shall be located close
to the mobile PMEs and shall be moved/adjusted iteratively in step with each
movement of the corresponding mobile PMEs in order to maximize their noise
reduction effects.
2.6 Before
commencement of operation of Road D3 or population intake at any of the
affected residential development at the ex-runway, whichever is later, a
promenade deck as recommended in sections 2.6.111 &
Measures for Worker Protection against
2.7 The construction of Road D4 shall not
commence before the completion of all necessary decontamination works of the
EMSD Kowloon Bay Vehicle Repair and Maintenance Workshop, as indicated in Figure
1, to the satisfaction of the Director.
2.8 Personnel
protective equipment shall be used by site workers for excavation works of Road
D4 close to the footprints of the Radar Station and
Measures for Protecting Cultural Heritage Findings from Road Construction Impact
2.9 The construction of Road D1 shall not
commence before the completion of all necessary archaeological investigation
and rescue excavation in the vicinity of Trench AA3, as indicated in Figure 1,
to the satisfaction of the Director.
Measures for Mitigating Landscaping and Visual Impact
2.10 Decorative screen
hoarding shall be erected before commencement of construction and shall be
maintained throughout the construction period.
2.11 The Permit Holder shall, at least one month
before the commencement of construction of each of the distributor roads
covered under this Project, deposit collectively or individually with the
Director four hard copies and one electronic copy of a Landscape Mitigation Plan(s)
for the distributor road(s). The Landscape Mitigation Plan(s) shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA Report (Register No.
AEIAR-130/2009) including at least the following:
(a) Compensatory tree planting shall be
incorporated into the Project where trees are affected.
(b) Tall buffer screen tree/shrub/climber
planting shall be incorporated to soften hard engineering structures and
facilities.
(c) Sensitive streetscape design shall be
incorporated along the new roads to reflect the new urban development of Kai
Tak.
(d) Structure, ornamental tree/shrub/climber
planting shall be provided along roadside amenity strips and central dividers
to enhance the townscape quality, where space is available.
(e) Aesthetically pleasing design as regard to
the form, material and finishes shall be incorporated to all buildings,
engineering structures and associated infrastructure facilities.
2.12 The Permit Holder
shall, at least one week before the commencement of operation of each of the distributor roads covered under
this Project, deposit collectively or individually with the Director four hard
copies and one electronic copy of the as-built drawing(s) for the distributor
road(s). The as-built drawing(s) shall be certified by the ET Leader and verified
by the IEC as conforming to the Landscape Mitigation Plan(s) deposited under
Condition 2.11 above.
3.
Environmental Monitoring and Audit (EM&A) Requirements
3.1 The EM&A
programme of the Project shall be implemented in accordance with the procedures
and requirements as set out in
sections 1, 2, 15 & 16 of the EM&A Manual of the approved EIA Report (Register No.
AEIAR-130/2009). Any change to the EM&A requirements
or programme shall be justified by the ET Leader and verified by the IEC as
conforming to the relevant 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 the Baseline Monitoring Report shall be submitted to the Director at least one month before the commencement of
construction of the Project.
The submissions shall be certified by the ET Leader and verified by the IEC as
complying with the relevant requirements as
set out in sections 1, 2, 15
& 16 of 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 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 complying with the relevant requirements as set out in sections 1, 2, 15 & 16 of 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 sections 1, 2, 15 & 16 of the EM&A Manual shall be fully and
properly carried out, in accordance with the time frame(s) set out in sections 1, 2, 15 & 16 of the EM&A
Manual, 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 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.
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 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, 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 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-337/2009
環境許可證編號EP-337/2009