Environmental
Permit No. EP-404/2011
環境許可證編號 EP-404/2011
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) grants this environmental
permit to Civil
Engineering and Development Department (hereinafter referred to
as the “Permit Holder”) to construct and operate the designated project described in Part B
subject to the conditions specified in Part C.
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 土木工程拓展署（下稱“許可證持有人”）以建造及營辦 B部 所說明的指定工程項目，但須遵守 C部 所列明的條件。
The issue
of this environmental permit is based on the documents, approvals or
permissions described below:
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﹕-
|
Application No. 申請書編號： |
AEP-404/2010 |
|
Document
in the Register: 登記冊上的文件： |
(1) Agreement No. CE 45/2008 (CE)
Liantang / Heung Yuen Wai Boundary Control Point and Associated Works : –
Environmental Impact Assessment Report
(December 2010) [Hereinafter referred to as the “EIA Report”] –
Environmental Monitoring and Audit
Manual (December 2010) [Hereinafter referred to as the “EM&A Manual”] –
Environmental Impact Assessment
Executive Summary (December 2010) [Hereinafter referred to as the “EIA
Executive Summary”] (Register No. AEIAR-161/2011) (1) 合約編號：CE 45/2008
(CE) 蓮塘/香園圍口岸與相關工程： –
環境影響評估報告 (2010年12月) [下稱 「環評報告」] –
環境監察及審核手冊 (2010年12月) [下稱「環評摘要」] – 環境影響評估行政摘要 (2010年12月) [下稱「環監手冊」] (登記冊編號 : AEIAR-161/2011) (2) The Director’s letter of approval of the EIA Report dated 24 March 2011, ref.: (60) in Ax(1) to EP 2/N7/A/52 Part 6. (2) 署長於2011年3月24日發出批准環評報告的信件，檔案編號：
(60) in Ax(1) to EP 2/N7/A/52 Part 6。 (3) Application for Environmental Permit
submitted on 25 October 2010 (Application No. AEP-404/2010) (3) 於2010年 10月25日提交的環境許可證申請 (申請書編號：AEP-404/2010) |
|
2011 年 3 月 24 日
Date 日期 |
|
(Maurice YEUNG) Principal Environmental
Protection Officer (Assessment and Noise) for Director of Environmental
Protection 環境保護署署長 (首席環境保護主任(評估及噪音)楊國良代行) |
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:
|
Title of Designated
Project 指定工程項目的名稱 |
Liantang / Heung Yuen Wai Boundary
Control Point and Associated Works 蓮塘/香園圍口岸與相關工程 [This designated project is hereinafter
referred to as “the Project”] [本指定工程項目下稱 “工程項目”] |
|
Nature of Designated
Project |
(i)
Construction of a new road which is a
trunk road (i)
興建屬幹道的新道路 (ii)
Reuse of treated sewage effluent from a
treatment plant (ii)
從處理廠流出並經處理的污水進行再使用 |
|
Location of Designated
Project 指定工程項目的地點 |
The overall view of
alignment and works sites of the Project are shown in Figure 1 attached to this Permit. 工程項目的走綫及工地示意圖見載於本許可證夾附的 圖1。 |
|
Scale and Scope of
Designated Project 指定工程項目的規模和範圍 |
The Project mainly consists of the
followings:- 工程項目主要範圍包括以下各項：－ (i)
construction of a dual two-lane trunk
road of (i)
建築一條11公里長的雙程雙線分隔主幹路； (ii)
on-site sewage treatment facility and
effluent reuse; (ii)
污水處理設施及重用巳處理的污水； (iii)
site formation for construction of a
Boundary Control Point (BCP) building in the area of Chuk Yuen Village; (iii)
平整土地，以在竹園村範圍興建口岸大樓； (iv)
associated drainage facilities
discharging into the Shenzhen River; (iv)
為口岸而設、及排放至深圳河的排水系統； (v)
cargo processing facilities; (v)
貨物處理設施； (vi)
passenger related facilities; (vi)
與旅客有關的設施； (vii)
accommodation for and facilities of the
Government departments; (vii)
有關服務的政府部門的辦公室地方和設施； (viii)
provision of transport related
facilities inside the BCP; (viii)
在口岸設置相關的運輸設施； (ix)
other peripheral structures and
supporting facilities; (ix)
其他周邊建設和輔助設施； (x)
associated diversion / modification
works at Lin Ma Hang Road; and (x)
在蓮麻坑路進行相關的交通改道/修建工程；以及 (xi)
associated environmental mitigation
measures. (xi)
相關的環境緩解措施。 |
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 under the
Ordinance.
1.2 Permit Holder shall ensure full compliance with all
legislation from time to time in force including but 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 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 recommendations
described in the EIA Report (Register No.: AEIAR-161/2011), the application
documents including all attachments (Application No. AEP-404/2010), other
relevant documents in the Register; and the information or mitigation measures
described in this Permit, and mitigation measures to be recommended in
submissions that shall be deposited with or approved by the Director as a
result of permit conditions contained in this Permit, and mitigation measures
to be recommended under on going surveillance and monitoring activities during
all stages of the Project. Where recommendations referred to in the documents
of the Register are not expressly referred to in this Permit, such
recommendations are nevertheless to be implemented unless expressly excluded or
impliedly amended in this Permit.
1.8 All 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 2.3 of this
Permit 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 1.3 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.
2 Submissions or
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 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.
2.2 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 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 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 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.
2.3 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.
2.4 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 2.2 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 and/or this Permit, which might affect the monitoring or control of
adverse environmental impacts from the Project. In the case where the IEC fails
to so notify the Director of the same fails to discharge the duties of the IEC
as defined in the EM&A Manual or fails to comply with this Condition, the
Director may require the Permit Holder by notice in writing to replace the IEC.
Failure to replace the IEC as directed or further failure to so notify the
Director despite employment of a new IEC may render the Permit liable to
suspension, cancellation or variation. Notification by the Permit Holder is the
same as notification by the IEC for the purpose of this Condition.
2.5 All documents to be submitted or deposited as required under
this Permit shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations set out in the
EIA Report.
2.6 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.
Submissions of Project Layout Plans
2.7 The Permit Holder shall, no later than one month before the
commencement of construction of the Project, deposit with the Director 3 sets
of layout plan(s) of scale 1:1000 with an explanatory statement detailing the
works schedule, works boundary, the works areas and the tunnel alignment of the
Project. The plan(s) shall be certified by the ET Leader and verified by the
IEC as conforming to the information and recommendations contained in the EIA
Report.
Submission of a Vegetation Survey Report
2.8 The Permit Holder shall, no later than three months before
commencement of construction of the Project, deposit with the Director 3 sets
of Vegetation Surveys Report. The submission shall provide the results of a
detailed vegetation survey for the purpose of :
(a) confirming
the conditions of individual flora species of conservation importance
identified in the EIA Report and during the course of the survey, including Euonymus kwangtungensis and Aquilaria sinensis;
(b) preparing
an updated location plan showing the individual species of conservation importance and identifying the individuals
which will be affected by the Project;
(c) identifying
suitable treatment for the identified individual species of conservation
importance and reception site(s) for transplantation; and
(d) recommending
an implementation programme for in-situ preservation of the identified species
of conservation importance and transplantation of the affected species.
Before submission to the Director, the report
shall be certified by the ET Leader and verified by the IEC.
Submission of an updated Woodland
Compensation Plan
2.9 The Permit Holder shall update the Woodland Compensation Plan
(WCP) in the EIA Report based on the Vegetation Survey Report referred to in
Condition 2.8 of this Permit and, no later than three months before
commencement of construction of the Project, submit 3 sets of updated Woodland
Compensation Plan to the Director for approval. The submission shall set out
the planting strategy including details of plantation species, specifications
for the establishment of the habitats and subsequent maintenance and monitoring
requirements for the Woodland Compensation Area of an area not less than 18.6
hectares shown in Figure 2a of
this Permit. The compensation ratio for Aquilaria sinensis shall not be less than 3:1 (ie. more than
three seedlings to one individual tree lost from the Project). Before
submission to the Director, the WCP shall be certified by the ET Leader and
verified by the IEC as confirming to the information and recommendations
contained in the approved EIA Report.
Submission of a Habitat Creation and
Management Plan
2.10 The Permit Holder shall, no later than three months before
commencement of construction of the Project, submit to the Director for
approval 3 sets of Habitat Creation and Management Plan (HCMP) for the Wetland
Compensation Area of an area not less than 1.4 hectares shown in Figure 2b of this Permit. The
submission shall take into account the recommendations of the EIA Report to set
out details of the specifications for the habitats and ecological functions and
to define the management and ecological monitoring and audit requirements of
the Wetland Compensation Area. Before submission to the Director, the HCMP
shall be certified by the ET Leader and verified by the IEC as confirming to
the information and recommendations contained in the approved EIA Report.
Submission of Landscape Plan
2.11 The Permit Holder shall, no later than one
month before
commencement of construction of the Project, submit 3 sets of Landscape Plan to
the Director for approval. The landscape plan shall include considerations for
minimizing habitat fragmentation and show the locations, size, number and
species of planting, design details, implementation programme, maintenance and
management schedules, and drawings in the scale of 1:1000 or other appropriate
scale showing the landscape and visual mitigation measures of the Project, in
particular the landscape and compensatory planting, construction hoarding,
noise barriers and buildings. Before submission to the Director, the landscape
plan shall be certified by the ET Leader and verified by the IEC as confirming
to the information and recommendations contained in the approved EIA Report.
Submission of Topsoil
Management Plan
2.12 The Permit Holder shall, no later than
three months before commencement of construction of the Project, submit to the
Director for approval 3 sets of Topsoil Management Plan. The submission shall
set out guidelines and implementation programme for maximizing the reuse of the
excavated topsoil arising from Project. Before submission to the Director, the
landscape plan shall be certified by the ET Leader and verified by the IEC as
confirming to the information and recommendations contained in the approved EIA
Report.
Submission of Environmental
Monitoring and Audit Programme
2.13 The Permit Holder shall, no later than
three months before commencement of construction of the Project, submit 3 copies of
Environmental Monitoring and Audit (EM&A) Programme to the Director for
approval. The programme shall set out detailed requirements on baseline
monitoring, impact monitoring and compliance monitoring during construction and
operation of the Project. The programme shall include a monitoring and response
mechanism for handling exceedances of environmental standards during the
construction phase in collaboration with relevant parties of other concurrent
projects in the vicinity. Before submission to the Director, the EM&A
Programme shall be certified by the ET Leader and verified by the IEC as
confirming to the information and recommendations contained in the approved EIA
Report.
Measures for Mitigating
Cultural Heritage Impact
2.14 After resumption of private lands and before the commencement of
construction works for the project, the following archaeological surveys shall
be conducted and the Permit Holder shall submit 3 copies of report on the
findings of the archaeological surveys and further mitigation measure
requirements to the Director for approval. Before submission to the Director,
the EM&A Programme shall be certified by the ET Leader and verified by the
IEC as confirming to the information and recommendations contained in the
approved EIA Report. The survey shall include the following:
(i) additional
test pits and auger holes along the section of the project between Lin Ma Hang
and Frontier Closed Area Boundary; and
(ii) a
survey-cum-rescue excavation along the section of the project between Ping
Yeung and Wo Keng Shan.
2.15 The further mitigation measures described in the report approved
under Condition 2.14 of this Permit shall be fully implemented.
2.16 The Permit Holder shall conduct photographic and cartographic
records of the directly impacted graves (GR01, GR02, GR05, GR06, GR08, GR10,
GR13, GR15, GR16, GR17, GR18, GR19 and GR20), built structure (BS64 and BS65)
and cultural/historical landscape feature (LF08) as listed in Table 1 of this Permit, prior to their removal to
preserve them by record.
3. Submissions or
Measures for the Construction of the Project
Works areas of the Project
3.1 To avoid environmental impacts
to nearby area of the Project as indicated in Figure 1 of this Permit, all activities
which is related to or arises as a result of construction of the Project shall
be within the works boundary and the works areas as indicated in the layout
plan(s) deposited under Condition 2.7 of this Permit. No extension of the works
boundary and works areas shall be permitted without the written approval of the
Director.
Submission of Waste Management
Plan
3.2 The Permit Holder shall, within one month
after the commencement of construction of the Project, submit to the Director 3
sets of Waste Management Plan (WMP) for approval. Before submission to the
Director, the EM&A Programme shall be certified by the ET Leader and
verified by the IEC as confirming to the information and recommendations
contained in the approved EIA Report. The WMP shall describe the arrangements
for avoidance, reuse, recovery and recycling, storage, collection, treatment
including dewatering of spoil and disposal of different categories of waste to
be generated from the construction activities and shall indicate the disposal
locations(s) of all surplus excavated spoil and other waste. A trip ticket
system shall be included in the WMP.
Measures on Waste Management
3.3 All measures recommended in the WMP approved under Condition
3.2 of this Permit shall be fully implemented. Surplus excavated spoil and
other waste shall only be disposed of at designated public filling areas unless
otherwise approved by the Director.
3.4 After resumption of private lands, site inspection shall be
carried out to ascertain contaminative sources and hotspots of contamination.
The Permit Holder shall carry out further site investigation regarding
potential land contamination in accordance with the EIA Report and submit to
the Director for approval 3 sets of revised Contamination Assessment Plan (CAP)
with sampling and testing schedule updated based on latest site investigations.
If contamination is identified, the Permit Holder shall submit to the Director
3 sets of Remediation Assessment Plan (RAP) for approval. Before submission to
the Director, the CAP shall be certified by the ET Leader and verified by the
IEC as confirming to the information and recommendations contained in the
approved EIA Report. No work on the identified potentially contaminated sites
shall be carried out unless and until the CAP and RAP submitted under this
condition are approved by the Director and RAP is fully implemented.
Measures for Mitigate Road Traffic Noise
3.5 To mitigate traffic noise, the noise barrier described in Table 2 of this Permit shall be installed at locations
shown in Figure 4a-b, 5a-b, 6a-d and 7a-e
of this Permit prior to the commencement of operation of the Project.
Measures for Mitigating
Ecological Impact
3.6 All measures recommended in the Vegetation Survey
Report, updated Woodland Compensation Plan and the Habitat Creation and Management Plan approved
under Condition 2.8, 2.9 and 2.10 of this Permit respectively shall be fully implemented and
thereafter maintained.
3.7 To
reduce collisions from birds, the design of noise barriers shall avoid/minimize
the use of transparent / reflective materials or adopt bird-friendly design on
such surfaces.
Measures
for Mitigating Landscape, Visual and Glare Impact
3.8 All
measures recommended in the Landscape Plan approved under Condition 2.11 of this
Permit shall be fully implemented and maintained.
3.9 Outdoor
lighting for the Project shall be designed to reduce glare impact on nearby
dwellings. For this purpose, light housing with full-cut-off designs which
reflect light totally downward and better design of light shielding are
examples that can be considered.
Measures for
Mitigating Water Quality Impacts from Tunnel Water Inflow and Groundwater
Drawdown
3.10 For tunnel construction, grout injection works shall be
conducted before blasting for sealing areas around the tunnel to control
potential groundwater inflows. On-site treatment for the groundwater ingress
pumped out shall be provided to remove any contamination by grouting materials
before discharge off-site.
Measures for
Mitigating Operational Odour and Water Quality Impacts Generated from the
Sewage Treatment Works
3.11 The sewage treatment plant installed for the Project shall be
installed at the location shown in Figure
3 of this Permit and the plant shall be designed with the following
odour containment and control measures :
(i) Negative Pressure
Ventilation
The treatment plant shall be totally enclosed with
negative pressure ventilation to avoid odorous emission from the treatment
works. The tanks will be connected to deodorisation facilities designed for a
minimum removal of 95% directly to eliminate odour problem.
(ii) Total
Containment of Sewage Channels
(a) air-tight cover shall be installed to sewage
channels, sewage tanks, and equipment with potential odour emission and the
trapped gases shall be collected by air handling equipment for containing and
directing odorous gases to deodorisation facilities.
(b) Gravity sewer, equalization and sludge
holding tanks shall be designed with suitable sewer distance and retention time
to prevent sewage septicity.
(iii) Deodorisation
Deodorisation facilities at the sewage treatment plant
shall be designed with a minimum odour removal efficiency of 95%.
3.12 The air intake point of Boundary Control Point Building shall be
located at least 490m from the sewage treatment plant.
4. Measures
During Operation of the Project
Long
Term Management of the Ecological Mitigation Measures
4.1 The
Permit Holder shall ensure the ecological mitigation measures stated in the
Woodland Compensation Plan and Habitat Creation and Management Plan are
properly implemented, maintained and monitored during the entire period of the
life of the Project.
5. Environmental Monitoring
and Audit (EM&A) Requirements
5.1 The Permit Holder shall implement the EM&A programme 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:
(i)
conducting baseline environmental monitoring;
(ii)
conducting impact monitoring;
(iii) 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
(iv) 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.
5.3 The Permit Holder shall deposit with the Director six hard
copies and one electronic copy of the Baseline Monitoring Report at least one
month before commencement of construction of the Project. Additional copies of
the submission shall be made available to the Director upon his request.
5.4 The Permit Holder shall deposit with the Director six hard
copies and one electronic copy of monthly EM&A Report 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). A summary and progress update of the
Project Implementation Schedule (Table 15.1 of the EIA Report) shall also be
included in each EM&A Report. Additional copies of the submission shall be
provided to the Director upon request by the Director.
5.5 The Permit Holder shall, no later than three months after the
commencement of operation of the Project, deposit with the Director an
Environmental Monitoring and Audit report on the implementation of the
mitigation measures for operation stage of the Project in accordance with the
EIA Report and the submissions required under of this Permit.
6. Electronic Reporting
of EM&A Information
6.1 To facilitate public inspection of the documents to be
submitted or deposited as required under this Permit, the Baseline Monitoring
Report and EM&A Reports via the EIAO Internet Website and at the EIAO
Register Office, the Permit Holder shall prepare electronic copies of these
documents and Reports in Hyper Text Markup Language (HTML) (version 4.0 or
later) and in Portable Document Format (PDF) (version 1.3 or later) or other
format agreed by the Director, and shall submit the electronic copies at the
same time as the hardcopies. For the HTML version, a content page capable of
providing hyperlink to each section and sub-section of these documents and
Reports shall be included in the beginning of the document. Hyperlinks to all
figures, drawings and tables in these documents and Reports shall be provided
in the main text from where the respective references are made. All graphics in
these documents and Reports shall be in interlaced GIF format unless otherwise
agreed by the Director. The content of the electronic copies of these documents
and Reports must be the same as the hardcopies.
6.2 The Permit Holder shall set up a dedicated Internet website and
notify the Director in writing the Internet address where the environmental
monitoring and project data are to be placed, within six weeks after the
commencement of construction of the Project. All environmental monitoring data
described in Condition 6.1 of this Permit above shall be made available to the
public via a dedicated Internet website 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 of this
Permit above shall enable user-friendly public access to the monitoring and
project data including the EIA Report, the environmental permit(s) and the
project profile of the Project. Unless otherwise agreed with the Director, the
Internet website shall have features capable of:
(i)
providing
access to all environmental monitoring data collected since the commencement of
works;
(ii) searching by date;
(iii) searching by types of
monitoring data (noise, water and air quality); and hyperlinks to relevant
monitoring data after searching.
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 Project site(s) by the amended permit.
4.
A person who
assumes the responsibility for the whole or a part of the designated project
may, before the person 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
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: -
1.
on a first
conviction on indictment to a fine of $ 2 million and to imprisonment for 6
months;
2.
on a second or
subsequent conviction on indictment to a fine of $ 5 million and to
imprisonment for 2 years;
3.
on a first
summary conviction to a fine at level 6 and to imprisonment for 6 months;
4.
on a second or
subsequent summary conviction to a fine of $1 million and to imprisonment for 1
year; and
5.
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-404/2011
| Figure
1 | Figure 2a
| Figure 2b | Figure 3
| Figure 4a | Figure 4b | Figure 5a | Figure 5b
| Figure 6a | Figure 6b | Figure 6c |
| Figure 6d | Figure 7a
| Figure 7b | Figure 7c | Figure 7d
| Figure 7e |
[ Back to First Page ] /
[ Back to Main Index ]
Table 1 Location
of Grave, Well and Village House for Photographic Record
|
Site Code |
Site Name |
Location |
|
GR01 |
Group of Law
Clan Graves (4 Nos.) |
Current location
of Chuk Yuen Village |
|
GR02 |
Group of Tang
Clan Graves (5 Nos.) |
Current location
of Chuk Yuen Village |
|
GR05 |
Fu Grave |
Within the
drainage diversion works boundary of the Project (Section between Lin Ma Hang
and Frontier Closed Area Boundary) |
|
GR06 |
Yiu Grave |
Within the works
boundary of the Project (Section between Lin Ma Hang and Frontier Closed Area
Boundary) |
|
GR08 |
Chan Grave |
Within the works
boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
GR10 |
Tsui Grave |
Within the works
boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
GR13 |
Yim Grave |
Within the works
boundary (blasting impact area for Portal 1 of the South Tunnel) of the
Project (Fanling Section) |
|
GR15 |
Chan Grave |
Within the works
boundary of the Project (Fanling Section) |
|
GR16 |
Ho Grave |
Within the works
boundary of the Project (Fanling Section) |
|
GR17 |
Cheung Grave |
Within the works
boundary of the Project (Fanling Section) |
|
GR18 |
Yip Grave |
Within the works
boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
GR19 |
Law Grave |
Current location
of Chuk Yuen Village |
|
GR20 |
Lam Grave |
Within the works
boundary of the Project (Cheung Shan Tunnel Section (North Tunnel)) |
|
BS64 |
Village Houses,
Ha Wo Keng Shan Village |
Within the works
boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
BS65 |
Village Houses,
Ha Wo Keng Shan Village |
Within the works
boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
LF08 |
Well |
Former Chuk Yuen
village |
Table 2 Location,
Type and Dimension of Noise Barrier
|
Location |
Chainage |
Type of Noise Mitigation Measures |
*Height |
Length, m |
Figure |
|
Ping Yeung |
9040 – 9085 (Main Road – North Bound) |
Vertical Barrier |
|
85 |
4b |
|
Nga Yiu Ha |
166 (Access Road to Ping Yeung ) – 450 (Slip Road
– North Bound) |
Vertical Barrier |
|
152 |
|
|
Wo Keng Shan |
8585 – 8500 (Main Road – North Bound) |
Vertical Barrier |
|
85 |
|
|
|
8500 – 8355 (Main Road – North Bound) |
Vertical Barrier |
|
145 |
|
|
|
8180 – 8290 (Main Road – South Bound) |
Vertical Barrier |
|
110 |
5b |
|
Loi Tung |
6488 – 6855 (Main Road – South Bound) |
Vertical Barrier |
|
367 |
6b |
|
|
6800 – 6855 (Main Road – South Bound) |
Vertical Barrier |
|
55 |
|
|
|
360 (Sha Tau Kok Rd – West Bound) – 380 (Slip Road – South Bound) |
Vertical Barrier |
|
108 |
|
|
|
195 (Wo Keng Shan Rd) – 400 (Sha Tau Kok Rd – East
Bound) |
Vertical Barrier |
|
182 |
6b |
|
|
40 (Sha Tau Kok Rd ) – 400 (Slip Road – North
Bound) |
Vertical Barrier |
|
120 |
6d |
|
Tong Hang |
1640 – 1713 (Main Road – South Bound) |
Vertical Barrier |
|
73 |
|
|
|
1589 – 1621 (Main Road – South Bound) |
Vertical Barrier |
|
32 |
|
|
|
0 – 100 (Link Road 4) |
Vertical Barrier |
|
100 |
7d |
|
|
285 – 330 (Access to Main Road South Bound) |
Vertical Barrier |
|
45 |
7e |
|
Wo Hop Shek |
185 – 430 (Fanling Highway South Bound connecting
Link Road 2) |
Vertical Barrier |
|
245 |
|
|
Nam Wan Po |
543 – 662 (Link Road 1) |
Vertical Barrier |
|
119 |
7b |
|
|
662 - 700 (Link Road 1) |
Vertical Barrier |
|
38 |
|
|
|
815 – 856 (Link Road 4) |
Vertical Barrier |
|
41 |
|
|
|
276 – 336 (Tai Wo Service Road West) |
Vertical Barrier |
|
60 |
|
|
|
274 – 175 (Tai Wo Service Road West) |
Vertical Barrier |
|
99 |
|
Notes: (*) The parapet wall is