Environmental Permit No. EP-399/2010
環境許可證編號EP-399/2010
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 (the EIA Ordinance), the Director of Environmental Protection (the Director) granted 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：
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AEP-399/2010
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Document in the Register: 登記冊上的文件：
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(1) Kwun Tong Line Extension Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual, and Executive Summary (Register No.: AEIAR-154/2010) [Hereinafter referred to as the “EIA Report”]
(1) 觀塘綫延綫環境影響評估（環評）報告，環境監測及審核手冊，及行政摘要 (登記冊檔號: AEIAR-154/2010) [下稱 “環評報告”]
(2) The Director’s letter of approval of the EIA Report dated 19 August 2010 [Ref.: EP2/G/A/150 Pt. 2]
(2) 署長於2010年8月19日發出批准環評報告的信件 [檔案編號: EP2/G/A/150 Pt.2]
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Application No. 申請書編號：
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AEP-399/2010
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Document in the Register: 登記冊上的文件：
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(3) Application document submitted by the Permit Holder on
(3) 許可證持有人於 2010年 8 月 31 日提交的申請文件 (申請書編號: AEP-399/2010) |
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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 (署理首席環境保護主任 楊維德代 行) |
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit
(hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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Kwun Tong Line Extension [This designated project is hereinafter referred to as “the Project”]
觀塘綫延綫 [這指定工程項目下稱“工程項目”]
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Nature of Designated Project
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The Project is a Designated Project (DP) under the EIA Ordinance with the following DP elements:
- A railway and its associated stations (Item A.2 of Part 1 of Schedule 2 of the EIAO); - A railway tunnel more than 800 m in length between portals (Item A.7 of Part 1 of Schedule 2 of the EIAO); - Underground rock caverns (Item Q.2 of Part 1 of Schedule 2 of the EIAO) (Referred in the EIA Report (Register No. AEIAR-154/2010) as Station Platform); - Facility for treatment of construction waste (a) with a designated capacity of not less than 500 tonnes per day; and (b) a boundary of which is less than 200m from an existing or planned (i) residential area; (ii) place of worship; (iii) educational institution; or (iv) health care institution (Item G.5 of Part 1 of Schedule 2 of the EIAO) (Referred in the EIA Report (Register No. AEIAR-154/2010) as rock crusher / rock crushing equipment / rock crushing facility); and - An explosives depot in a stand-alone, purpose built building (Item K.10 of Part 1 of Schedule 2 of the EIAO)
根據環評條例，本工程項目包含了下列屬於指定工程項目的元素：
- 鐵路及其相聯車站 (「環評條例」附表2第1部A.2項)； - 入口之間的長度超過800米的鐵路隧道(「環評條例」附表2第1部A.7項)； - 地下石洞 (「環評條例」附表2第1部Q.2項) (環評報告 (登記冊檔號: AEIAR-154/2010) 中稱為車站月台)； - 建築廢物處理設施，而 (a) 其設計的處理能力每天不少於500公噸；及 (b) 其一條界線距離一個現有的或計劃中的 ─ (i) 住宅區；(ii) 禮拜場所；(iii) 教育機構；或 (iv) 健康護理機構，少於200米 (「環評條例」附表2第1部G.5項) (環評報告 (登記冊檔號: AEIAR-154/2010) 中稱為碎石機 / 碎石儀器 / 碎石設備)；及 - 在某一單獨、特建的建築物內的爆炸品倉庫 (「環評條例」附表2第1部K.10項)
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Location of Designated Project 指定工程項目的地點 |
The location of the Project is shown in Figure 1 attached to this Permit.
工程項目的位置見載於本許可證夾附的圖1。
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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 an approximately 2.6 km underground railway, the Wylie Road Ancillary Building and ventilation structure, the Ho Man Tin Station, the Whampoa Station, and the temporary explosives storage magazine.
興建和運作一條長約2.6 公里的地底鐵路、衛理道附屬樓及通風結構、何文田站、黃埔站，及臨時爆炸品儲存庫。 |
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 Dangerous Goods Ordinance (Cap. 295). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction and operation of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular 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 descriptions in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and all recommendations described in the EIA Report (Register No.: AEIAR-154/2010), the application document (Application No. AEP-399/2010), other relevant documents in the Register, the information or 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 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 (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 finalised 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 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 finalised 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.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.
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. Submissions or Measures before Commencement of Construction 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 Independent Environmental Checker (IEC) for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project. The ET shall include a Registered Landscape Architect to audit the implementation of landscape impact mitigation measures to ensure compliance with the recommendations of the EIA Report (Register No. AEIAR-154/2010). 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-154/2010) 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-154/2010) 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 Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-154/2010) 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 no later than one month 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 no later than one week before the commencement of construction of the Project deposit with the Director five hard copies of layout drawing(s) of the Project in scale of at least 1:1000 with explanatory statement showing the Project boundary, the Project alignment, and associated works areas and works sites locations.
2.5 The Permit Holder shall set up a hotline prior to the commencement of construction and during the construction of the Project to service complaints, comments, suggestions or requests for information. The Permit Holder shall notify the Director the date of setting up the hotline at least 2 weeks before the commencement of construction of the Project.
3. Submissions or Measures during Construction of the Project
Measures to Mitigate Construction Noise Impact
3.1 The following measures shall be implemented to mitigate construction noise impact to sensitive receiver(s) during construction of the Project:
(i) Quiet powered mechanical equipment (PME) (as listed in S.7.9.2.1 of the EIA Report) shall be used where practicable for the construction of the Project;
(ii) Fixed noise barriers, with surface density of at least 10kg/m2, shall be used where practicable to screen noise from stationary PMEs (including concrete pump, bench-mounted circular saw, truck, bar bender and cutter, conveyor belt, generator, grout pump, wire saw, submersible water pump, hydraulic jack with pump);
(iii) Temporary noise barriers, with surface density of at least 10kg/m2, shall be used where practicable to screen noise from movable PMEs (including wheel excavator / loader, crane, hydraulic breaker, scraper, hand-held breaker, vibratory compactor, hand-held percussive drill);
(iv) Enclosures with covers at top and three sides, with surface density of at least 10kg/m2, shall be used to screen noise from air compressors;
(v) Acoustic fabric of a noise reduction of not less than 10dB(A) shall be used where practicable for silent piling system, vibratory hammer, drill rigs, rock drill;
(vi) Silencers and mufflers shall be properly fitted on the ventilation fans to mitigate noise from ventilation fans operation during construction of the Project
3.2 Project excavation areas at Whampoa Station shall be decked as shown in the schematic configuration in Figure 2 during excavation works to mitigate construction noise impact.
3.3 Noise enclosures of a noise reduction of not less than 15dB(A) as shown in the schematic configuration in Figure 3 shall be provided during the mucking out activities for the three muckout points at the works sites at Gascoigne Road Rest Garden, Wylie Road Ancillary Building (WAB), and Fat Kwong Street Playground to mitigate construction noise impact.
3.4 Noise enclosures of a noise reduction of not less than 15dB(A) as shown in the schematic configuration in Figure 4 shall be provided for the two temporary rock crushing facilities at the Hung Hom Barging Point to mitigate the noise generation during the construction of the Project. Noise enclosure of similar schematic configuration shall also be applied to the temporary backup rock crushing facility, if any, at the Ho Man Tin Station works site.
Measures to Mitigate Construction Water Quality Impact
3.5 There shall be no construction of marine structures, no marine works, no dredging works, no pontoon moorings, and no seawall modification works for the establishment of the barging point at Hung Hom Finger Pier.
3.6 There shall be no construction of marine structures, no dredging woks, no piling works, and no marine works for the establishment of the temporary magazine site at Tseung Kwan O Area 137.
Reconnaissance Site Visit to the Kerosene Store at Chung Hau Street
3.7 The Permit Holder shall carry out reconnaissance site visit to the kerosene store at Chung Hau Street (which falls within the Ho Man Tin Station works site). Within two weeks after the completion of reconnaissance site visit, the Permit Holder shall report to the Director in writing of any contamination hotspot(s) identified from the reconnaissance site visit. The report shall be certified by the ET Leader and verified by the IEC. If contamination hotspot(s) is (are) identified, the Permit Holder shall carry out further land contamination site investigation and shall submit the following to the Director for approval. The submissions shall be certified by the ET Leader and verified by the IEC before submitting to the Director:
(i) Three sets of Supplementary Contamination Assessment Plan (CAP) after the completion of the reconnaissance site visit to the kerosene store at Chung Hau Street;
(ii) Three sets of Supplementary Contamination Assessment Report (with Remediation Action Plan if contamination is confirmed) as soon as possible after the approval of the CAP by the Director under the above Condition 3.7(i);
(iii) Three sets of Remediation Report after the completion of the remediation works recommended by the approved Remediation Action Plan (if any) under the above Condition 3.7(ii).
No work on the identified potentially contaminated sites shall be carried out unless and until the above submissions are approved by the Director.
4. Submissions or Measures for Operation of the Project
Measures to Mitigate Operational Noise Impact
4.1 Within one month of the completion of tunnel excavation for the Project, the Permit Holder shall deposit with the Director five sets of Review Plan for the review of the proposed mitigation measure for operational ground borne noise (including the verification of the Line Source Response and ground vibration condition) assumed in the EIA Report (Register No. AEIAR-154/2010) to justify the adequacy of the proposed operation ground borne noise mitigation measure (direct fix system with direct fixation baseplates of vertical stiffness of approximately 25kN/mm) in the EIA Report (Register No. AEIAR-154/2010). Before submission to the Director, the Review Plan shall be certified by the ET Leader and verified by the IEC.
4.2 The Permit Holder shall carry out the review of the proposed mitigation measure for operation ground borne noise (including the verification of the Line Source Response and ground vibration condition) assumed in the EIA Report (Register No. AEIAR-154/2010) in accordance with the Review Plan deposited with the Director under Condition 4.1 of this Permit. Within three months after the completion of tunnel excavation for the Project or no later than two months prior to the installation of rail tracks for the Project, whichever is the sooner, the Permit Holder shall deposit with the Director five sets of Review Report (including the verification result of the Line Source Response and ground vibration condition) to justify the adequacy of the proposed operation ground borne noise mitigation measure (direct fix system with direct fixation baseplates of vertical stiffness of approximately 25kN/mm) in the EIA Report. Before submission to the Director, the Review Report shall be certified by the ET Leader and verified by the IEC. Any necessary measure(s) as recommended in the Review Report shall be fully implemented.
4.3 Within one month after the completion of installation of the rail tracks, the Permit Holder shall deposit five copies of as-built drawing(s) for the operation ground borne noise mitigation measure. The as-built drawing(s) shall be certified by the ET Leader and verified by the IEC as conforming with the recommendation of the EIA Report (Register No. AEIAR-154/2010) as highlighted below or any necessary measure(s) recommended in the Review Report deposited with the Director under Condition 4.2 of this Permit:
(i) The tracks implemented under this Project shall be of direct fix system with direct fixation baseplates of vertical stiffness of approximately 25kN/mm;
(ii) The existing tracks from Yau Ma Tei Station to chainage 10000 shall be maintained as supported on baseplates of stiffness of approximately 60kN/mm
4.4 The Permit Holder shall carry out noise performance test in accordance with the operational ground borne noise monitoring requirements in the EM&A Manual of the EIA Report (Register No. AEIAR-154/2010). At least two months before the commencement of operation of the Project, the Permit Holder shall deposit with the Director five sets of hard copy of the Noise Performance Test Report. Before submission to the Director, the Noise Performance Test Report shall be certified by the ET Leader and verified by the IEC. Any necessary measure(s) as recommended in the Noise Performance Test Report shall be fully implemented.
4.5 Only the 8-cars M-stock type or 8-cars K-stock type Electric Multiple Units i.e. trains, of approximately 194m in length, shall be deployed on the Project. The maximum train frequency operating on the Project from hour 0700 to 2300 shall not exceed 34.3 trains per hour in each direction. The maximum train frequency operating on the Project from hour 2300 to 0700 shall not exceed 17.1 trains per hour in each direction.
4.6 At least one month before the commencement of operation of the Project, the Permit Holder shall carry out audit and confirm in writing to the Director that the design of the fixed plant noise sources associated with the Project complies with the maximum sound power levels determined in the EIA Report (Register No. AEIAR-154/2010). The noise emitted from the fixed noise sources shall be free of the characteristics of tonality, impulsiveness and intermittency. The audit report shall be certified by the ET Leader and verified by the IEC.
Measures to Mitigate Operational Water Quality Impact
4.7 There shall be no sea water-cooled chiller plant for the Project and no spent coolant discharge to marine water due to the Project.
4.8 At least one month before the commencement of operation of the Project, the Permit Holder shall carry out audit and confirm in writing to the Director that all tracks are contained in concrete tunnel box with tunnel wall equipped with water-tight liner. The audit report shall be certified by the ET Leader and verified by the IEC.
Measures to Mitigate Landscape and Visual Impact
4.9 To reduce the landscape and visual impact during operation stage of the Project, the Permit Holder shall, at least one month before the commencement of landscape / visual treatment works of the Project, deposit with the Director five hard copies and one electronic copy of landscape and visual plan(s). The landscape and visual 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 and visual plan(s) shall be certified by the Registered Landscape Architect in the ET referred to in Condition 2.1 and 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-154/2010). All visual and landscape mitigation measures recommended in the finalised submission(s) under this Condition shall be fully implemented.
5. Environmental Monitoring and Audit Requirements
5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. Any 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.
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 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.
5.3 Five hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one month 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 Five 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 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.
5.5 All environmental monitoring and audit 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 hardcopies as described in Condition 5 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.
6.2 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 5 above shall be made available to the public via a 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 are collected or become available, unless otherwise agreed with the Director.
6.3 The Internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring and project data including the EIA report and the environmental permit(s) and the project profile 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 may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.
5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site(s).
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.
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-399/2010
環境許可證編號 EP-399/2010