Environmental Permit No. EP-394/2010
環境許可證編號EP-394/2010
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 Hongkong Electric Company 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電燈有限公司(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-394/2010 |
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Document in the Register : 登記冊上的文件:
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1. Development of an Offshore Wind Farm in Hong Kong - Environmental Impact Assessment Report (Volume 1 and 2) - Environmental Impact Assessment Study Executive Summary - Environmental Monitoring and Audit Manual - Further Information submitted under Section 8(1) of the EIAO by the Permit Holder on 28 April 2010 Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-152/2010). 在香港發展一個離岸風力發電場 - 環境影響評估報告(第一及二冊) - 環境影響評估行政摘要 - 環境監察及審核手冊 - 許可證持有人於2010年4月28日根據環評條例第8(1)條所提交的進一步資料 下稱 “環評報告” (登記冊編號 : AEIAR-152/2010)
2. The Director’s letter of approval of the EIA Report dated 14 May 2010 (Ref.: EP2/G/D/142 Part 3) 環境保護署長於2010年5月14日發出批准環評報告的信件 (檔案編號 : EP2/G/D/142 Part 3)
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Document in the Register : 登記冊上的文件:
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3. Application for Environmental Permit submitted by the Permit Holder on 17 May 2010 (Application No.: AEP-394/2010) 許可證持有人於2010年5月17日提交的環境許可證申請 (申請書編號：AEP-394/2010) |
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8 June 2010 |
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Date 日期 |
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(Terence S.W. TSANG) Acting Principal Environmental Protection Officer (Regional Assessment) for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任(區域評估) 曾世榮代行) |
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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:
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Title of Designated Project 指定工程項目的名稱
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Development of a 100MW Offshore Wind Farm in Hong Kong. (This designated project is hereinafter referred to as “the Project”) 在香港發展一個約100兆瓦電力的離岸風力發電場。 (本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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Public utility electricity power plant. 公用事業電力廠。
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Location of Designated Project 指定工程項目的地點
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Waters between Lamma Island and Cheung Chau, and lying adjacent to the south of the West Lamma Channel. 南丫島和長洲之間海域，毗鄰西博寮海峽南面。
The location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。
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Scale and Scope of Designated Project |
The Project is to construct and operate an offshore wind farm with capacity of about 100MW and the following major components : 1. around 35 numbers of wind turbines; 2. an electricity substation; 3. submarine electricity cables; and 4. a meteorological monitoring mast. 工程項目為建造及營辦一所約100兆瓦電力的離岸風力發電場，其主要部份包括 : 1. 約35台風力發電機組； 2. 一台變電站； 3. 海底電纜；及 4. 一台氣象監察桿。
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PART C (PERMIT CONDITIONS)
C部 (許可證條件)
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 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-152/2010), the application for Environmental Permit (Application No. AEP-394/2010) and other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in the 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 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 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 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 Director shall be notified in writing the commencement dates of construction and operation of the Project no later than one month prior to the respective commencement of construction and operation of the Project. The Director shall be notified in writing immediately if there is any change of the commencement dates of construction and operation.
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. Measures before Commencement of 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 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 submitted under Condition 2.5 of 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 compliance with the recommendations of the EIA Report (Register No. AEIAR-152/2010) 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-152/2010) 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 submitted under Condition 2.5 of this Permit, 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 or email, 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-152/2010) and this Permit, which may 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 A qualified person with relevant degree shall be employed to carry out monitoring and observation of Finless Porpoise and sea turtle during construction of the Project in accordance with the updated EM&A Manual submitted under Condition 2.5 of this Permit. The qualification and experience of the qualified person shall be certified by the ET Leader and verified by the IEC. The qualified person shall form part of the ET.
Setting Up of Stakeholder Liaison Group
2.4 The Permit Holder shall, within six months upon the issue of this Permit, set up a Stakeholder Liaison Group comprising representatives of concerned parties, including those related to fishery sector and environmental groups, to advise on the design, construction and operation of the Project. The Permit Holder 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 shall 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 set up under section 6 of this Permit.
Updating of the Environmental Monitoring and Audit (EM&A) Manual
2.5 The Permit Holder shall, no later than six months before commencement of marine construction works of the wind turbines of the Project, submit to the Director for approval 4 hard copies and 1 electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall include the following additional EM&A items :
a) Percussive piling noise monitoring, covering the monitoring of noise levels at nearby noise sensitive receivers and underwater noise levels at selected monitoring locations. Detailed percussive piling noise monitoring plan, including measurement methodology and selection of monitoring locations, shall be included; and
b) Bird collision monitoring during operational phase of the Project. An Event/Action Plan, including actions on additional monitoring, alternative monitoring measures such as radar/camera surveys, and operational remedial measures, shall be included.
Before submission to the Director, the updated EM&A Manual 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-152/2010).
Submissions of Detailed Plans
2.6 The Permit Holder shall, no later than six months before commencement of marine construction works of the wind turbines of the Project, submit to the Director for approval 4 hard copies and 1 electronic copy of the final layout plan of the wind farm turbines with demonstrations that the final layout, among the possible alternative layouts and arrays, has minimized the footprint of the Project and visual impacts on visual sensitive receivers. Before submission to the Director, the layout plan 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-152/2010).
2.7 The Permit Holder shall, no later than six months before commencement of marine construction works of the wind turbines of the Project, submit to the Director for approval 4 hard copies and 1 electronic copy of the fisheries enhancement plan incorporating suitable enhancement measures such as deployment of artificial reefs. The fisheries enhancement plan shall be developed in consultation with the fishery sector and the Agriculture, Fisheries and Conservation Department. Before submission to the Director, the fisheries enhancement plan 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-152/2010).
2.8 The Permit Holder shall, no later than three months before commencement of construction works of the wind turbines of the Project, deposit with the Director 4 hard copies and 1 electronic copy of the design plan showing the lighting and marking for aviation and navigation safety, colour, size, height, number and capacity of the wind turbines and the location of the electricity substation. Non-reflective and pale colour shall be used in the Project. Possible use of onshore electricity substation in the Project shall be explored. Before submission to the Director, the design plan 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-152/2010).
2.9 The Permit Holder shall, no later than three months before commencement of foundation works of the wind turbines of the Project, deposit with the Director 4 hard copies and 1 electronic copy of the foundation design and cable routing plan showing the type, size and number of wind turbine foundation piles, design of scour protection (if any) and alignment of submarine electricity cables. Overall size of the scour protection (if any) shall not be greater than 900m2 for each wind turbine. The submarine electricity cables shall be suitably aligned to avoid any dredging and disposal of contaminated sediments. Before submission to the Director, the foundation design and cable routing plan 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-152/2010).
Management Organization of Main Construction Companies
2.10 The Permit Holder shall, no later than two weeks before 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.
3. Measures during Construction of the Project
3.1 Design, measures and recommendations given in the submissions approved or deposited under section 2 of this Permit shall be properly implemented.
3.2 Laydown area and quayside for material storage and pre-assembly works for construction of the Project shall only be located onshore and within the existing Lamma Power Station as indicated in Figure 1 of this Permit.
Measures to Avoid, Minimize or Mitigate Water Quality, Marine Ecological and Fisheries Impact during Construction
3.3 No percussive piling works shall be carried out from December to May (both months inclusive) in order to avoid the peak sighting season of Finless Porpoise.
3.4 No percussive piling works shall be carried out in the night time, i.e. from 7:00pm to 7:00am of the following day.
3.5 Ramp-up piling procedures comprising low energy driving for a period of time prior to the commencement of full piling shall be used in the percussive piling works in order to avoid any sudden or random loud sound emission.
3.6 An exclusion zone of 500m radius shall be implemented during piling activity. Piling works shall not be carried out until the exclusion zone is certified by the qualified person as employed under Condition 2.3 of this Permit as continuously clear of Finless Porpoise and sea turtle for at least 30 minutes. Piling works shall be suspended if Finless Porpoise or sea turtle is observed in the exclusion zone during the piling activity.
3.7 Except for the about 100m nearshore submarine electricity cables as indicated in Figure 2 of this Permit, no dredging works shall be carried out for construction of other parts of the Project. Only closed grab dredger shall be used for laying the about 100m nearshore submarine electricity cables and the dredging rate shall not exceed 2,500m3/day.
3.8 Silt curtain shall be installed and maintained during dredging works for laying the nearshore submarine electricity cables.
3.9 An exclusion zone of 250m radius shall be implemented during dredging activity. Dredging works shall not be commenced until the exclusion zone is certified by the qualified person as employed under Condition 2.3 of this Permit as continuously clear of Finless Porpoise and sea turtle for at least 30 minutes.
3.10 Only jetting technique shall be used for laying the offshore submarine electricity cables as indicated in Figure 2 of this Permit. The jetting rate for laying the offshore submarine electricity cables shall not exceed 360m/hour.
4. Measures during Operation of the Project
4.1 Monitoring of bird collision event associated with the Project shall be carried out in accordance with the updated EM&A Manual for at least 12 months during operation of the Project. Remedial actions such as additional monitoring, alternative monitoring measures and operational measures shall be implemented in accordance with the Event/Action Plan for bird collision monitoring in the updated EM&A Manual.
4.2 The measures and recommendations given in the fisheries enhancement plan as approved under Condition 2.7 of this Permit shall be properly implemented and maintained during operation of the Project. Effectiveness of the enhancement measures on fisheries resources shall be monitored and reviewed for necessary improvement in accordance with the fisheries enhancement plan.
5. Environmental Monitoring and Audit (EM&A) Requirements for the Construction of the Project
5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the updated EM&A Manual as approved under Condition 2.5 of the Permit. Any change to the monitoring and audit requirements 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.
5.2 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 constructional phase, post-construction and operational phase impact monitoring;
c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frame 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;
d) logging and keeping records of the 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 the information for inspection on site.
5.3 4 hard copies and 1 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 certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.
5.4 4 hard copies and 1 electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The 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 certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
5.5 All EM&A data submitted under this Permit shall be true, valid and correct.
6. Electronic Reporting of EM&A Information
6.1 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 hard copies as described in Conditions 5.3 and 5.4 above of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.
6.2 The Permit Holder shall, within 6 weeks after commencement of construction of the Project, set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 6.1 above shall be made available to the public via the dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. All finalized submissions and plans shall be made available to the public via the dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the submissions and plans are approved by or deposited with the Director, unless otherwise agreed with the Director.
6.3 The Internet web site as described in Condition 6.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the Project Profile, EIA report, Environmental Permit(s) and finalized submissions and plans required under this Permit. The Internet web site shall have features capable of:
a) providing access to all environmental monitoring data of this Project collected since the commencement of construction;
b) providing access to all finalized submissions as required under this Permit;
c) searching by date;
d) searching by types of monitoring data; and
e) hyperlinking 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 (Descriptions of Designated Project) and PART C (Permit Conditions). Any person relying on this Permit shall obtain independent legal advice on the legal implications under the EIAO, and the following notes are for general information only.
2. If there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13 of the EIAO to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.
4. A person who assumes responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the EIAO to the Director for a further environmental permit.
5. Under Section 14 of the EIAO, the Director may with the consent of the Secretary for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the site.
6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, is liable: -
(i) on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.
8. The Permit Holder may appeal against any condition of this Permit under Section 17 of the EIAO within 30 days of receipt of this Permit.
9. The Notes are for general reference only and that the Permit Holder shall refer to the EIAO for details and seek independent legal advice.
Environmental Permit No. EP-394/2010
環境許可證編號 EP-394/2010