Environmental Permit No. EP-341/2009
環境許可證編號EP-341/2009
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 (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the Hong Kong Offshore Wind Limited 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Hong Kong
Offshore Wind Limited (下稱“許可證持有人”)，以建造及營辦Ｂ部所說明的指定工程項目，但須遵守Ｃ部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-341/2009 |
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Document in the Register: 登記冊上的文件： |
(1)
Project
Profile – “ (Register No.: PP-285/2006) 工程項目簡介 ― “香港東南水域海上風力發電場” (登記冊編號：PP-285/2006) (2)
(Register No.: AEIAR- 140/2009) Hereinafter referred to as “the
EIA Report” 香港東南水域海上風力發電場–環境影響評估報告，行政摘要，環境監察及審核手冊 (登記冊編號:
AEIAR-140/2009) 下稱“環評報告” (3)
Application
for Environmental Permit on 7 April 2009 (Application No.: AEP-341/2009) 許可證持有人於 (4)
The
Director’s letter of approval of the EIA Report dated 3 August 2009
referenced f(8) in EP2/N8/D/ 署長於 |
|||
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4 August 2009 |
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|
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Date 日期 |
|
(Sam W.H. WONG) Principal Environmental Protection Officer (Regional Assessment
) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 黃偉康代行) |
|
PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the
designated project mentioned in Part 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 |
(This
designated project is hereafter referred to as “the Project”) 香港東南水域海上風力發電場 (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 |
Public
utility electricity power plant 公用事業電力廠 |
|
Location of Designated Project 指定工程項目的地點 |
Southeastern
Waters of the HKSAR – approximately 香港東南水域–清水灣半島及東果洲東面對開分別約 The
location and configuration of the Project is shown in Figure 1 of this
Permit. 工程項目的地點及結構形態展示於本許可證圖1內 |
|
Scale and Scope of Designated Project |
The
Project involves construction and operation of an approximately 200MW wind
farm in the southeastern waters of HKSAR. The Project includes up to 67 wind
turbines, an offshore transformer platform, sub sea collection and
transmission cables and research mast. 工程項目包括在香港東南面水域建造及營辦200兆瓦海上風力發電場。工程項目包括最多67台風機，海上變壓器平台，海底的收集和輸電纜和資料研究塔。 |
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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea
Ordinance (Cap. 466). This Permit does not of itself constitute any ground of
defense against any proceedings instituted under any legislation or imply any
approval under any legislation.
1.3 The Permit Holder
shall make copies of this Permit together with all documents referred to in
this Permit and the documents referred to in Part A of the Permit
readily available at all times for inspection by the Director or his authorized
officers at all sites/offices covered by this Permit. Any reference to the
Permit shall include all documents referred to in the Permit and also the
relevant documents in the Register.
1.4 The Permit
Holder shall give a copy of this Permit to the person(s) in charge of the
site(s) and ensure that such person(s) fully understands all conditions and all
requirements incorporated by the Permit. The site(s) refers to site(s) of
construction and operation of the Project and shall mean the same
hereafter.
1.5 The Permit Holder
shall display conspicuously a copy of this Permit on the Project site(s) at all
vehicular site entrances/exits or at a convenient location for public’s
information at all times. The Permit Holder shall ensure that the most updated
information about the Permit, including any amended Permit, is displayed at
such locations. If the Permit Holder surrenders a part or the whole of the
Permit, the notice he sends to the Director shall also be displayed at the same
locations as the original Permit. The suspended, varied or cancelled Permit
shall be removed from display at the Project site(s).
1.6 The Permit Holder
shall construct and operate the Project in accordance with the project
description in Part B of this Permit.
1.7 The Permit Holder shall ensure that the
Project is designed, constructed and operated in accordance with the
information and recommendations described in the approved EIA Report (Register
No.: AEIAR–140/2009), the application documents including all
attachments (Application No. AEP-341/2009), other relevant documents in the
Register, and the information and mitigation measures described in this Permit,
and mitigation measures to be recommended in the submissions that shall be
deposited with or approved by the Director as a result of the permit conditions
contained in this Permit, and mitigation measures to be recommended under on
going surveillance and monitoring activities during all stages of the
Project. Where recommendations
referred to in the documents of the Register are not expressly referred to in
this Permit, such recommendations are nevertheless to be implemented unless
expressly excluded or impliedly amended in this Permit.
1.8 All
deposited submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the
comments, if any, made by the Director within one month of the receipt of the
Director’s comments or otherwise 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 Environmental Impact Assessment Ordinance.
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 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 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.
1.12 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
hardcopies.
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 for Commencement of the
Project
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 to be submitted in condition
4.1 below. 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 – 140/2009)
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 – 140/2009) 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 to be submitted in Condition 4.1 below 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 (Register No. AEIAR – 140/2009)
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.
2.3 The
Permit Holder shall, at least 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.
2.4 The
Permit Holder shall submit to the Director for approval, at least six month
before the commencement of construction of the Project, three hard copies and
one electronic copy of the final layout of the wind farm turbines with
demonstrations that the final layout, among the possible alternative layouts,
has minimized the footprint of the project and maximized the distance of the
turbines from Ninepin Group and Ung Kong Group.
2.5 The
Permit Holder shall conduct marine geophysical comprising seismic and magnetic
surveys at least six months before commencement of any marine construction
works. The marine geophysical survey shall be conducted according to a specification
prepared by a qualified geophysicist and certified by a qualified marine
archaeologist. Three hard copies and one electronic copy of the survey report
shall be deposited with the Director, no later than 2 weeks upon completion of
the survey.
2.6 The Permit Holder shall submit to the Director for approval, at
least six months before the commencement of the construction of the project, three
hard copies and one electronic copy of fisheries enhancement plan incorporating
suitable enhancement measures, such as deployment of artificial reefs, to be
developed in consultation with the fishery sector and the Agriculture, Fisheries
and Conservation Department.
2.7 The
Permit Holder shall deposit with the Director, 6 months before cable laying
works of the project, three hard copies and one electronic copy of the cable
laying programme with demonstrations that jetting works at the southern section
of the cable alignment has best been programmed in the dry season to avoid
impact on amphioxus.
2.8 The
Permit Holder shall deposit with the Director, at least six months before the
commencement of the construction of the project, three hard copies and one
electronic copy of a landscape and visual plan incorporating measures,
including adoption of regular pattern of turbines, slender and elegant design
of turbine tower, use of non-reflective material and visually neutral/
recessive colour scheme for construction of offshore structures and night-time
lighting control.
2.9 The
Permit Holder shall, within six months upon the issue of this Environment
Permit (EP-341/2009), set up a Stakeholder Liaison Group comprising
representatives of concerned parties, including those related to fishery
sector, environmental and hiking groups, to advise on the design, construction
and operation of the project and shall inform the Advisory Council on the
Environment (ACE) and the Director in writing the membership and terms of
reference of the Stakeholder Liaison Group and should take into account ACE’s
views. The Permit holder shall, within one month of the dates of the meetings,
place all minutes of meetings, relevant documents and associated papers of the
Stakeholder Liaison Group on the dedicated website to be set up by the Permit
Holder under Condition 5.2 below.
3. Submissions or
Measures during Construction and Operation of the Project
3.1
The
cable alignment shall be arranged to avoid potential impacts upon
archaeological target A1 as shown in Figure 2 of this permit. A
3.2
Transmission
power cables and collection power cables shall be installed by jetting only,
with the exception of the section located at
3.3
Only
one jetting machine shall be deployed for cable laying at a time. Jetting speed
shall not exceed
3.4
Silt
curtains shall be provided, in accordance with Figure 5 attached to this
Permit, closely surrounding the dredging point at all time throughout the
dredging operation to minimize dispersion of sediment plumes.
3.5
There
shall not be more than three wind turbine or offshore transformer platform foundation
installations occur concurrently. Suction caisson foundation shall be adopted
for the wind turbines and offshore transformer platform. The pumping rate for
seawater removal from the suction caissons during foundation installation shall
not exceed
4. Environmental Monitoring and Audit (EM&A) Requirements
4.1
The
Permit Holder shall submit to the Director for approval, at least six months before
commencement of the construction of the project, a revised Environmental
Monitoring and Audit Manual, including additional proposal to enhance the
monitoring on water quality covering the following items:
(a)
Construction
phase monitoring:
(i)
Adjustment
in the location of control station from C2 to C
(ii)
Additional
station M10 as shown in Figure 6 to monitor the construction impact to
the ecologically important
(iii)
Additional
tidal current stations, TC1, TC2, TC3 and TC4 as shown in Figure 6, to
monitor the impact of the wind farm on the surrounding tidal current,
salinity-temperature structure. Proposal should include hourly measurements for
tide and current based on moored instruments, and vertical
conductivity-temperature-depth profiles.
(b)
Operational
phase monitoring:
(i)
Same
measurement as described under condition 4.1(a)(iii) at TC1, TC2, TC3 and TC4
as shown in Figure 6; and
(ii)
Same
measurement as described under condition 4.1(a)(iii) at TC5 and TC6 as shown in
Figure 6.
4.2
The EM&A programme shall be
implemented in accordance with the procedures and requirements as set out in the
revised EM&A Manual submitted and approved under Condition 4.1 above of this
Permit. Any proposed change 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.
4.3
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
(d) logging
and keeping records of details of (a) to (c) above for 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.
4.4
Three
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before commencement of construction
of the Project. The submission shall be verified by the IEC. Additional copies
of the submission shall be made available to the Director upon his request.
4.5
Three
hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within 10 working days after the end of the reporting
month. The monthly EM&A Reports shall include a summary of all
non-compliance (exceedances) of the environmental quality performance limits
(Action and Limit Levels). The submissions shall be verified by the IEC.
Additional copies of the submission shall be provided
to the Director upon request by the Director.
4.6
All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
4.7
To
ensure a high degree of transparency regarding the monitoring data and results
in view of the public concern about the Project, all environmental monitoring
and audit data and results and all submissions and 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 5.2 below, in the shortest practicable time and in no event later
than 2 weeks after such information is available.
5. Electronic Reporting of EM&A Information
5.1 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 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hardcopies as described in Condition 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,
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
hardcopies.
5.2 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 5.1 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 5.1
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.
5.3 The
Internet website as described in Condition 5.2 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 works;
(b) searching by date;
(c) searching by types of monitoring data (e.g.
noise, water and air quality); and
(d) hyperlinks to relevant monitoring data
after searching;
or otherwise as agreed by
the Director.
Notes :
註：
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.
本許可證共有3部，即A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (許可證條件)。任何援引本許可證的人士須就條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員可在環境局局長的同意下勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
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.
許可證持有人可根據條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須以經修訂的許可證替換在建造工地內展示的原有許可證。
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.
承擔指定工程項目整項或部分工程的責任的人，在承擔責任之前，可根據條例第12條的規定向署長申請新的環境許可證。
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.
根據條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程工地除下，不再展示。
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.
如本許可證在工程項目建造或營辦期間取消或交回，則在繼續建造或營辦工程項目之前，必須先根據條例規定取得另一份環境許可證。根據條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦條例附表2第I部所列明的指定工程項目，即屬犯罪。
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: -
如任何人在違反本許可證的條件下建造或營辦工程項目，根據條例，即屬犯罪：
(i)
on a first
conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
一經循公訴程式首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a
second or subsequent conviction on indictment to a fine of $5 million and to
imprisonment for 2 years;
一經循公訴程式第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii)
on a
first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經循簡易程式首次定罪，可處第6級罰款及監禁6個月；
(iv)
on a
second or subsequent summary conviction to a fine of $1 million and to
imprisonment for 1 year; and
一經循簡易程式第二次或其後每次定罪，可處罰款100萬元及監禁1年；以及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱條例及徵詢獨立法律意見。
Environmental Permit No.
EP – 341/2009
環境許可證編號
EP – 341/2009
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