Environmental Permit No. EP-366/2009
環境許可證編號EP-366/2009
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
DESIGNATED
PROJECT
建造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 MTR Corporation 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香港鐵路有限公司(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-366/2009 |
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Document in the Register : 登記冊上的文件: |
1.
Road Works at -
Environmental Impact
Assessment Report -
Environmental Monitoring
and Audit Manual -
Executive Summary 2.
The Director’s letter of approval of the EIA
Report dated 23 September 2009 referenced (32 ) in EP2/K20/A/ 3.
Application for Environmental Permit and
attachments submitted by the Permit Holder on 31 July 2009 (Application No.:
AEP-366/2009) 1.
西九龍道路工程 (登記冊編號: AEIAR─ 141 /2009) -
環境影響評估報告 (下稱「環評報告」) -
環境監察審核手冊 - 行政摘要 2.
署長於2009 年 3.
許可證持有人於 |
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14 October 2009 |
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Date 日期 |
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(Shirley LEE) Principal Environmental
Protection Officer for Director of
Environmental Protection 環境保護署署長 (首席環境保護主任李韓琇玲代行) |
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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 |
Road Works at (This designated project is hereafter referred
to as “the Project”) 西九龍道路工程 (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 |
The Project will
involve construction and operation of: ·
A road which is an expressway, trunk road,
primary distributor road or district distributor road including new roads,
and major extension or improvements to existing roads; and ·
A road fully enclosed by decking above and by
structure on the sides for more than 此工程項目涉及興建及營辦: ·
屬快速公路、主要幹道或地區幹路的道路，包括新路及對現有道路作重大擴建或改善的部分; 及 ·
完全被其上的蓋層和兩邊的構築物所包圍，而被包圍的長度超過100米的道路。 |
|
Location of Designated Project 指定工程項目的地點 |
The location of the
Project is shown in Figure 1 of this Permit. 西九龍填海區。 工程項目的地點展示於本許可證圖1內。 |
|
Scale
and Scope of Designated Project |
The scope of the
Project includes: ·
Construction and operation of road D ·
Construction and operation of road D1, which
is a dual carriageway extending from Road D ·
Construction and operation of Lin Cheung Road
– Austin Road West Underpass, which is a dual two-lane underpass running from
north of Jordan Road, along and below Lin Cheung Road and Austin Road West
with a depressed junction, to the west of Canton Road; and ·
Upgrading and operation of 工程項目的範圍包括: ·
興建及營辦由海泓道伸延至佐敦道及匯翔道，與連翔道及文昌街平行的雙程分隔車道──D ·
興建及營辦由d ·
興建及營辦由佐敦道北面開始的雙綫雙程行車隧道──連翔道柯士甸道西行車隧道，行經連翔道及柯士甸道西的地底及其地底交匯處，至廣東道的西面；及 ·
柯士甸道西道路改善工程及營辦：柯士甸道西 由雙綫單程車道，擴闊為雙綫雙程分隔車道。 |
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 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 Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), and Waste Disposal
Ordinance (Cap. 354). 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 this 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 construction 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 this 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 (hereafter referred to as “the Project”).
1.7
The Permit Holder shall ensure that the Project
is designed, constructed and operated in accordance with the relevant
information and recommendations described in the approved EIA Report (Register
No. AEIAR-141/2009) as
described in Part A of this Permit; the Application for Environmental
Permit (Application No. AEP-366/2009) and other relevant documents in the
Register, the information and mitigation measures described in this Permit,
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 three
months 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.
1.14
The Permit Holder shall notify the Director in
writing the commencement date of operation of the Project no later than one month
prior to the commencement of operation of the Project. The Permit Holder shall
notify the Director in writing immediately if there is any change of the
commencement date of the operation.
2
Special Conditions
Submissions or Measures to be implemented before Construction of the Project
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
Management Organization of Main Construction Companies
2.3
The
Permit Holder shall, no later than one month before the commencement of
construction of the Project covered by this Permit, 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.
Community
Liaison Group
2.4
The
Project Proponent shall set up a Community Liaison Group (CLG), comprising
representatives of concerned and affected parties, to facilitate communication,
enquiries and complaints handling of all environmental issues, including the
follow up on the implementation of impact mitigation measures. A designated
complaint hotline shall be set up for the Project to address such concerns and
complaints in an efficient manner. The
Permit Holder shall set up the CLG before the commencement of construction of
the Project and maintain the CLG until 6 months after the operation of the
Project. The Permit Holder shall notify the Director the actual date of setting
up the CLG, the membership, the terms of reference and the contact details
before the commencement of construction of the Project.
Submission
of Works Schedule and Location Plans
2.5
The
Permit Holder shall deposit a detailed works schedule of the Project with the
Director at least three months before the commencement of the earliest works package
of the Project. The schedule shall include an updated works programme
indicating dates of commencement of construction activities. The schedule to be submitted shall
govern the various milestones and anticipated schedule of submissions as reflected
in Conditions 2.6, 2.7, 2.13, 3.3, 3.4 and 4.2 of this
Permit.
2.6
The
Permit Holder shall deposit with the Director location and layout plans in the
scale of 1:1,000 or other appropriate scale of the Project at least two weeks
before the commencement of construction of the Project. The plans shall
be submitted with an explanatory statement detailing the works boundaries, the
works areas; vertical and horizontal alignments of Road D
Submission
of Review Report
2.7 Prior to the construction of Austin Road
West or three months before the commencement of the earliest works package of
the Project for which the detailed works schedule is required to be submitted
under Condition 2.5 above, whichever is the earlier, the Permit Holder shall
prepare a Review Report for approval by the Director. The Review Report shall:
(a)
based on latest and best available information, review
the need, adequacy and design of the noise mitigation measures recommended for
implementation in the EIA report (AEIAR-141/2009), including:
(i)
those noise mitigation measures for the
operation of the Project as committed in the approved EIA report
(AEIAR-141/2009) and extracted as condition 2.9 to include Tables 1, 2 and
Figures 4 and 5, by taking into account the latest layouts and designs of Site
A, Site C, Site D, and other developments in the area known at the time, that
can proceed as early works packages without need for revision or review. This part of the Review Report can be
deposited with the Director without the need for approval;
(ii)
the
(iii)
the noise barrier at Road D
(iv)
all the remaining noise mitigation measures for
the operation of the Project as committed in the approved EIA report (AEIAR-141/2009)
except what have been identified as early works packages under Condition 2.7
(a)(i) above.
(b)
review
and optimize the aesthetic design of the updated noise mitigating measures,
as Review Report results required
under Condition 2.7(a)(ii)(iii) and (iv), including their landscape and visual
characteristics.
2.8 The
Permit Holder shall implement all noise, visual and landscape mitigation
measures, as changes to mitigation measures committed under the approved EIAR
(AEIAR-141/2009) and as recommendations in the Review Report approved by the
Director under Condition 2.7.
Measures to Mitigate Operational Noise Impact
2.9 Subject
to all the changes as recommended in the Review Report submitted under
Condition 2.7 above for approval, the Permit Holder shall implement the following
noise mitigation measures. All noise mitigation
measures
implemented shall be properly maintained during operation of
the Project
(a) Before
commencement of operation of the Project, the Permit Holder shall:
(i) Implement
all noise mitigation measures as shown in Table 1 and Figures 4 and 5 of
this Permit;
(ii) Provide
low noise road surfacing at the western end of existing
(iii)
Install sound-absorbing
materials on all retaining walls of the underpass; and
(iv)
Extend the sound-absorbing materials to at least
(b) Before
occupation of the planned noise sensitive receivers at Site C, Site D, and
other developments in the area, the Permit Holder shall:
(i) Implement
all noise mitigation measures as shown in Table 2 and Figure 5 of this Permit;
and
(ii) Install
absorptive
panels to the lower portion, no higher than 3 meters from ground level, of the
proposed noise mitigation measures in 2.9(b)(i) above to reduce the reflection
of noise.
Measures
to Mitigate Air Quality Impact
2.10
No air
sensitive uses as defined in Annex 12 of the EIAO Technical Memorandum or fresh
air intakes shall be located under the landscape deck over
Measures
to Mitigate Water Quality Impacts during Operation of the Project
2.11
The
road drainage shall be directed through silt traps in gully inlets to remove
silt and grit before entering the public storm water drainage system; and .
2.12
The
silt traps shall be properly and regularly cleaned and maintained in good working
condition at all times
Submission
of Landscape Plan
2.13
Taking
into account of all changes as recommended in the Review Report approved under
Condition 2.7 above, the Permit Holder shall, at least one month before
the commencement of the corresponding parts of landscape works of the Project,
deposit with the Director four hard copies and one electronic copy of landscape
plan(s). The landscape plan(s)
shall show the design details, locations, implementation programme, maintenance
and management schedules, and drawings in the scale of 1:1,000 or other
appropriate scale of the landscape and visual mitigation measures of the
Project. Before submission to the Director, the landscape plan(s) shall be
certified by the ET Leader and verified by the IEC as conforming to the
relevant information and recommendations contained in the approved EIA Report
(Register No. AEIAR-141/2009) and the Review Report approved under Condition 2.7
above. All measures recommended in the finalised submission(s) under
this Condition shall be fully and properly implemented.
3
Environmental
Monitoring and Audit 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. Any major 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. The EM&A programme shall include,
among other items, the air quality and noise monitoring and audit details to
cover the different construction phases. During operation phase, road traffic
noise levels shall be monitored at representative noise sensitive receivers as
described in the approved EIA Report (AEIAR-141/2009) during the first year
after the road opening.
3.2
Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A Manual by:
(a)
conducting baseline
environmental monitoring;
(b)
conducting impact
monitoring;
(c)
carrying out remedial
actions described in Event/Action Plans of the EM&A Manual in accordance
with the time frames set out in 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
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.
3.5
All environmental monitoring
and audit data submitted under this Permit shall be true, valid and correct.
4
Electronic Reporting
of EM&A Information
4.1
To
facilitate public inspection of the Baseline Monitoring Report and regular
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 Conditions 3.3 and
3.4 of this Permit. For the HTML version, a content page capable of providing
hyperlink to each section and sub-section of these Reports shall be included in
the beginning of the document. Hyperlinks to all figures, drawings and tables
in these Reports shall be provided in the main text from where the respective
references are made. All graphics in these Reports shall be in interlaced GIF
format unless otherwise agreed by the Director. The content of the electronic
copies of these Reports must be the same as the hardcopies.
4.2
The
Permit Holder shall, set up a dedicated web site and notify the Director in
writing the Internet address where the environmental monitoring and project
data is to be placed, within six weeks after the commencement of construction
of the Project. All environmental monitoring data described in Condition 4.1
above shall be made available to the public via a dedicated web site to be set
up by the Permit Holder in the shortest practicable time and in no event later
than two weeks after the relevant environmental monitoring data are collected
or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the
dedicated website throughout the construction period and the first 15 month of
the operation period of the Project for public access to the environmental
monitoring data.
4.3
The
Internet website as described in Condition 4.2 above shall enable user-friendly public access to the
monitoring and project data including the approved EIA Report and the
environmental permit(s) of the Project. 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 (noise
and air quality); 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(s) may, before he assumes responsibility of the
designated project(s), 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 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 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-366/2009
環境許可證編號 EP-366/2009
Table 1: Noise Mitigation Measures to be Implemented before Road
Operation
Remarks:
1. This
table is produced according to the approved EIA report (Register No.
AEIAR-141/2009)
2. This
table is to be read in conjunction with Figure 4 and Figure 5
attached to this Permit.
|
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Type of Mitigation
Measures |
Approximate Length |
Location |
|
(a) |
|
|
Along the southbound carriageway of Road D |
|
(b) |
|
|
Along the southbound carriageway of Road D |
|
(c ) |
|
|
Along the central divider of Road D |
|
(d) |
|
|
Along the central divider of Road D |
|
(e) |
|
|
Along the southbound carriageway of |
|
(f) |
|
|
Along the southbound carriageway of |
|
(g) |
landscape deck or semi-enclosure covering the main carriageway
(northbound and southbound) |
|
|
|
(h) |
|
|
Along northbound carriageway of |
|
(i) |
|
|
Along southbound carriageway of |
|
(j) |
|
|
Along southbound carriageway of |
Table 2: Noise Mitigation Measures to be Implemented before Occupation
of Planned Noise Sensitive Receivers at Site C, Site D and other developments
in the area
Remarks:
1. This
table is produced according to the approved EIA report (Register No.
AEIAR-141/2009)
2. This
table is to be read in conjunction with Figure 5 attached to this
Permit.
|
|
Type of Mitigation
Measures |
Approximate Length |
Location |
|
(a) |
|
|
Along the central divider of Road D |
|
(b) |
landscape deck and associated elevated covered walkway |
|
At the eastern end of |