Environmental Permit

Environmental Permit No. EP-407/2010
環境許可證編號EP-407/2010

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

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

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this environmental permit to the 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 described in or attached to 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鐡路有限公司 (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部所說明或附載的條件。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：–

Application No.

申請書編號

AEP-407/2010

Document in the Register

登記冊上文件

(1) South Island Line (East) Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.: AEIAR - 155/2010) [Hereinafter referred to as "the EIA Report"]

南港島綫 (東段) 環境影響評估報告(登記冊編號:AEIAR - 155/2010) [下稱環評報告]

(2) The Director’s letter of approval of the EIA report dated 26 Oct 2010 [ Ref.: (91) in EP2/G/A/148 Pt.4 ]

(2) 署長於2010年10月26日發出批准環評報告的信件 [檔案編號: (91) in EP2/G/A/148 Pt.4]

(3) Application for an Environmental Permit No. AEP-407/2010. [Hereafter referred to as “the Application No. AEP-407/2010”]

(3) 申請環境許可證編號 AEP- 407/2010。[下稱 “申請書編號 AEP- 407/2010”]

8 December 2010

Date (Victor W.T. YEUNG)

Acting Principal Environmental Protection Officer

日期 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(S) )

B部 (指定工程項目的說明)

Hereunder is the description of the designated project(s) mentioned in Part A of this environmental permit :-

下列為本環境許可證A部所提及的指定工程項目的說明:

Title of Designated Project(s)

指定工程項目的名稱

South Island Line (East)

[This designated project is hereinafter referred to as "the Project"]

南港島綫 (東段) [這指定工程項目下稱“工程項目”]

Nature of Designated Project(s)

指定工程項目的性質

Construction and operation of a railway, its associated stations, a railway depot and an explosive magazine

興建和運作一條地底鐵路，有關的車站，鐵路維修車廠及爆炸品倉庫。

Location of Designated Project(s)

指定工程項目的地點

Railway alignment from South Horizons via Lei Tung, Wong Chuk Hang, Ocean Park to Admiralty and a temporary explosive magazine at Chung Hom Shan. The location of this Project and its works areas are shown in Figures 1, 2a & 2b attached to this Permit.

鐵路路線由海怡半島，途經利東，黃竹坑和海洋公園至金鐘，以及於舂坎山興建臨時爆炸品倉庫。工程項目及其工地的位置見載於本許可證夾附的圖 1, 2a 及2b。

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 7km of partly underground and partly viaduct railway alignment from South Horizons to Admiralty;

• South Horizons, Lei Tung, Wong Chuk Hang and Ocean Park stations as well as expansion of Admiralty Station, and associated ventilation shafts and electrical and mechanical plant buildings;

• a railway depot at ex-Wong Chuk Hang Estate site; and

• a temporary explosive magazine at Chung Hom Shan.

興建和運作:

• 全長約7公里包括隧道及高架橋的鐵路，路線由海怡半島至金鐘;

• 於海怡半島，利東，黃竹坑和海洋公園設置車站，並在金鐘站擴建，及與鐵路相關連的通風口和機樓;

• 位於前黃竹坑邨的鐵路維修車廠; 及

• 於舂坎山的臨時爆炸品倉庫。

PART C (PERMIT CONDITIONS)

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 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 Dangerous Goods Ordinance (Cap.295). This Permit does not of itself constitute any ground of defense against any proceedings instituted 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 construction site(s) at all vehicular site entrances/exits or at a convenient location for public’s information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of 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 construction 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 approved EIA Report (Register No.: AEIAR-155/2010), the application document (Application No. AEP-407/2010) including all attachments, 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 2.2 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.12 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all 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.

1.13 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 two months prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

2 Special Conditions

Submissions or Measures 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 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 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 approved 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 approved 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.

2.2 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 approved EIA Report 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.

Employment of Qualified Ecologist

2.3 The Permit Holder shall appoint a Qualified Ecologist with 7 or more years of relevant experience, for the Project to advise on, monitor and ensure proper implementation of measures for habitat loss due to the Project, in particular the habitat compensation at Wong Chuk Hang Nullah, and to prepare submissions as required under Conditions 2.13 and 2.14. The qualification and experience of the Qualified Ecologist shall be certified by the ET Leader and verified by the IEC. The Qualified Ecologist shall form part of the ET.

Employment of Certified Arborist

2.4 The Permit Holder shall appoint a Certified Arborist for the Project to advise on, monitor and ensure proper implementation of measures for protecting trees affected by the Project, in particular the Old and Valuable Trees within the Project boundary, and to prepare submissions as required under Condition 2.15. The Certified Arborist shall form part of the ET.

Management Organization of Main Construction Companies

2.5 The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Construction Programme and EP Submission Schedule

2.6 The Permit Holder shall, no later than two weeks before commencement of the land-based and marine-based construction works of the Project, deposit with the Director four hard copies and one electronic copy of the construction programme showing the commencement and completion dates of major items of construction works; together with the anticipated schedule of submissions for fulfilling the submission requirements as contained in this Permit. The Permit Holder shall inform the Director accordingly in writing in case of any subsequent changes of items contained in this submitted construction programme and EP Submission Schedule.

Community Liaison Groups

2.7 The Permit Holder shall set up Community Liaison Groups comprising representatives of concerned and affected parties, including owners’ corporations, management offices, local committees and schools in the affected areas, to facilitate communication, enquiries and complaints handling on all environmental issues throughout the entire construction period, including the follow up on the implementation of remedial mitigation measures, and other initiatives by the Permit Holder such as Indirect Technical Remedy in the form of upgraded glazing and air conditioning for eligible dwellings affected by construction air-borne noise impact, as well as continuous noise monitoring mechanism and any need for web camera monitoring. The Permit Holder shall notify the Director the date of setting up the Community Liaison Groups at least one month before commencement of construction of the Project. A designated complaint hotline shall also be set up for the Project to address such concerns and complaints in an efficient manner.

Submission of Updated EM&A Manual for Continuous Noise Monitoring Mechanism

2.8 The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall include:

(a) updated environmental monitoring and audit requirements relating to continuous noise monitoring referred to in Condition 2.10;

(b) drawings in the scale of 1:5,000 or other appropriate scale as agreed by the Director showing the proposed locations for conducting continuous noise monitoring;

(d) a system to report the continuous noise monitoring results on a website within a period of 2 working days, after the relevant noise monitoring data are collected or become available; and

(e) an Event and Action Plan with proposed immediate remedial action(s).

Before submission to the Director, the updated EM&A Manual shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report or the updated prediction of noise levels as contained in the construction noise mitigation measures plan referred to in Condition 2.9. All measures recommended in the updated EM&A Manual approved under this Condition shall be fully and properly implemented.

Submissions or Measures During Construction Stage

Submission and measures for mitigating construction noise

2.9 To further reduce the construction noise impacts on the 12 noise sensitive receivers (NSRs) with predicted exceedance in air-borne construction noise and the 2 NSRs with predicted exceedance in ground-borne construction noise in the approved EIA Report, the Permit Holder shall, at least one month before commencement of construction of the project, submit to the Director for approval four hard copies and one electronic copy of a construction noise mitigation measures plan. The location of these NSRs are as shown in Figures 3 to 6. The Plan shall include:-

(a) a schedule of construction works to be carried out at the works areas of the Project within 300m from the NSRs;

(b) an updated construction methodology of the construction works;

(d) an updated proposal of air-borne noise mitigation measures for the 12 NSRs as shown in Figures 3 to 6, including the provision of noise barriers, enclosures and Indirect Technical Remedies;

(e) an updated proposal of ground-borne noise mitigation measures for the 2 NSRs as shown in Figure 5; and

(f) an updated prediction of noise levels in accordance with the above updated information and mitigation proposals in place.

The submission(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report. All measures recommended in the approved construction noise mitigation measures plan shall be fully and properly implemented.

2.10 The Permit Holder shall set up a continuous noise monitoring mechanism, at least 2 weeks before the commencement of construction of the Project in accordance with the requirements as contained in the updated EM&A Manual approved under Condition 2.8, and as part of EM&A works under Condition 3.1. This system shall be provided throughout the entire construction period. In the event that the measured noise levels exceed the worst case scenario(s) predicted in the approved EIA report or the updated prediction of noise levels as contained in the construction noise mitigation measures plan referred to in Condition 2.9 above, the Permit Holder shall take immediate remedial action(s) following the procedures specified in the updated EM&A Manual.

Submission and measures for handling construction and demolition materials (C&DM)

2.11 The Permit Holder shall, no later than 2 weeks before commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a construction and demolition (C&D) materials management plan. The C&D materials management plan should include:-

(a) drawings in the scale of 1:5000 or other appropriate scale as agreed by the Director showing the designated transport routes of C&D materials to and from each of the specific barging points at Telegraph Bay, Lee Nam Road and Western Public Cargo Working Area;

(b) maximum volume of C&D materials to be handled per day at each specific barging point;

(d) maximum number of truck movements per working day to and from each specific barging point;

(e) a mitigation plan listing out measures to minimize potential environmental impacts due to truck movements to and from each specific barging point as well as potential environmental impacts due to operation of each specific barging point;

(f) a monitoring and auditing programme to ensure implementation of the mitigation plan and the EM&A results shall be reported in the monthly EM&A report as required in Condition 3.4; and

(g) results of consultation with relevant Community Liaison Groups as set up under Condition 2.7 regarding the proposals in this C&D materials management plan.

Submission and measures for mitigating ecological impacts

2.12 To reduce the impact to ardeids at Wong Chuk Hang Nullah, the Permit Holder shall not carry out:

(a) site clearance works between December to February of the following year inclusively at the area as shown in diagonal-stripped blue in Figure 7. This is to avoid disturbance to ardeid roosting activities in winter ; and

(b) construction works with PME between 18:00 to 06:00 hours of the following day inclusively at the area as shown in diagonal-stripped green in Figure 7. This is to avoid disturbance to the ardeid night roosting activities.

2.13 To compensate the loss for ardeid roosting sites due to the construction works at Wong Chuk Hang Nullah, the Permit Holder shall:

(a) no later than one month before commencement of site clearance works, submit to the Director for approval four hard copies and one electronic copy of an ecological planting and landscape plan showing:

i. types and locations of tree species such as Mallotus paniculatus, Macaranga tanarius, Leucaena leucocephala, Ficus hispida, Cratoxylum cochinchinense and other fruit-bearing species, to be planted at the area as shown in diagonal-stripped red in Figure 7;

ii. habitat compensation/enhancement works by planting the Nullah sides with plant species, including Celtis sinensis, Reevesia thyrsoidea, Schima superba, Schefflera heptaphylla, Sapium discolour, Mallotus paniculatus, Liquidambar formosana, Aquilaria sinensis, Sterculia lanceolata, Litsea rotundifolia, llex asprella, Rhaphiolepis indica, Psychotria rubra and Rhodomyrtus tomentosa; and

iii. a 3-year post-planting care and maintenance plan, including the details of monitoring periods, monitoring frequency, duties of the Qualified Ecologist who will carry out the monitoring work, a contingency plan for remedial actions and reporting requirements, and the requirements and proposed contents of a final monitoring report to be submitted by the Qualified Ecologist at the end of the 3-year post-planting care and maintenance period.

The ecological planting and landscape plan shall be prepared by a Qualified Ecologist as appointed under Condition 2.3 and 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. All recommended planting works or measures as set out in the approved ecological planting and landscape plan shall be fully and properly implemented.

(b) no later than one month after completion of planting works at the area as shown in diagonal-stripped red in Figure 7 and the Nullah sides, deposit with the Director four hard copies and one electronic copy of a set of as-built drawing(s) showing the planting works carried out under Condition 2.13 (a). Before submission to the Director, this set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.13 (a) is fulfilled; and

(c) no later than 1 month after completion of the 3-year post-planting care and maintenance period as stipulated under Condition 2.13(a)(iii) above, the Qualified Ecologist shall deposit with Director four hard copies and one electronic copy the Final Monitoring Report mentioned in Condition 2.13 (a)(iii) above.

2.14 To reduce the impact to plant species of conservation interest due to construction of the Project, transplantation of the species, including Gleditsia australis, Aquilaria sinensis, Lagerstroemia fordii, Pavetta hongkongensis and Houttuynia cordata, and other uncommon plant species if identified during a detailed transplanting baseline survey, shall be carried out. The Permit Holder shall:

(a) no later than one month before commencement of site clearance works of the Project, deposit with the Director four hard copies and one electronic copy of a detailed transplanting baseline survey report showing the survey results, methodology, survey periods, types and locations of plants identified within the Project boundary as suitable for transplantation;

(b) no later than one month before commencement of plant transplantation, deposit with the Director four hard copies and one electronic copy of transplantation proposal showing:

i. types and locations of plants identified in the detailed transplanting baseline survey;

ii. locations of reception sites for transplantation;

iii. methodology and implementation programme of transplantation; and

iv. post-transplantation monitoring and maintenance programme.

The transplanting baseline survey and the transplanting proposal shall be prepared by a Qualified Ecologist appointed under Condition 2.3 and 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. All recommended measures as set out in the deposited transplanting proposal shall be fully and properly implemented.

(c) no later than one month after completion of transplanting works, deposit with the Director four hard copies and one electronic copy of a set of as-built drawing(s) showing the transplanting works carried out under Condition 2.14 (b). Before submission to the Director, this set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.14 (b) is fulfilled.

Measures for mitigating visual and landscape impacts

2.15 The Permit Holder shall, no later one month before the commencement of site clearance works of the Project, deposit with the Director four hard copies and one electronic copy of a Tree Protection Plan detailing the requirements and measures for the proper protection and monitoring of trees affected by the construction of the Project, including all Old and Valuable Trees and Protected trees within the Project boundary. The Tree Protection Plan shall include:

(a) detailed working method statement for the protection of retained trees;

(b) tree transplanting proposal including final location for transplanted trees that will be affected by the works and are trees of high to medium survival rate; and

The Tree Protection Plan shall be prepared by Certified Arborist as appointed under Condition 2.4 and 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. All recommended tree protection works or measures as set out in the deposited Tree Protection Plan shall be fully and properly implemented.

Measures for mitigating water quality and marine ecological impacts

2.16 To reduce the dispersion of suspended solids during marine-based construction/demolition works, including the piers/pier foundations of railway bridge over Aberdeen Channel and temporary barging point at Telegraph Bay as shown in Figures 8 and 9 respectively, the Permit Holder shall properly design the piers/pier foundation works and install a silt curtain system to enclose the marine-based works. The Permit Holder shall:

(a) no later than one month before commencement of the marine-based construction works, deposit with the Director four hard copies and one electronic copy of a silt curtain plan showing:

i. Location(s) and alignment of the silt curtain system as shown in drawings in the scale of 1:1000 or other appropriate scale as agreed by the Director;

ii. design details as shown in scale of 1:500 or other appropriate scale as agreed by the Director;

iii. inspection requirement to ensure proper functioning of silt curtain system; and

iv. rectification requirements in case of any malfunctioning of the system.

Before submission to the Director, the silt curtain proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report. All recommended measures as set out in the deposited silt curtain proposal shall be fully and properly implemented.

(b) carry out marine-based construction works for the piers/pier foundations inside a watertight enclosure in the form of a cofferdam or steel pile casing, to avoid spillage of suspended sediment or wastewater into the sea.

Measures for mitigating aerial emissions from PME

2.17 The Permit Holder shall ensure that all diesel fuelled PME used within the work areas of the Project are powered by ultra low sulphur diesel fuel.

Submissions or Measures Before and During Operational Stage

Measures for mitigating operational noise

2.18 The Permit Holder shall operate 3-car K-Stock train, or other train type with equivalent or better noise performance supported with justifications by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report, of approximately 68m in length for the Project. The maximum train frequency operating in the Project from hours 0700 to 2300 shall not exceed 15 trains per 30 minutes in each direction. The maximum train frequency operating in the Project from hours 2300 to 0700 of the following day shall not exceed 8 trains per 30 minutes in each direction.

2.19 The Permit Holder shall, no later than one month after completion of corresponding parts of the tunnel excavation of the Project, deposit with the Director four hard copies and one electronic copy of an Operational Ground-borne Noise Review Plan to justify the adequacy of the proposed operational ground borne noise mitigation measure recommended for that part of the tunnel in the approved EIA Report. The Operational Ground-borne Noise Review Plan shall include the verification of the assumptions adopted in the approved EIA Report, such as Line Source Response and ground vibration conditions, and shall include justifications and recommendations for any additional noise mitigation measures. Before submission to the Director, the Operational Ground-borne Noise Review Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report.

2.20 The Permit Holder shall, no later than one month prior to the installation of rail tracks of the Project, deposit with the Director four hard copies and one electronic copy of an Operational Ground-borne Noise Mitigation Measures Plan showing:

(a) Type 1a Trackform – Resilient Baseplate shall be installed at the track section between Chainage 16730 and 16980 as shown in Figure 10; and

(b) any additional or changes in noise mitigation measures as required in accordance with the Operational Ground-borne Noise Review Plan deposited under Condition 2.19.

Before submission to the Director, the Operational Ground-borne Noise Mitigation Measures Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report. All recommended measures as set out in the deposited Plan shall be fully and properly implemented.

2.21 The Permit Holder shall, no later than one month after the completion of installing the tracks, deposit with the Director four hard copies and one electronic copy of a set of as-built drawing(s) for the operational ground-borne noise mitigation measures as recommended in the Operational Ground-borne Noise Mitigation Measures Plan deposited under Condition 2.20 above. Before submission to the Director, the set of as-built drawing(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that measures as set out in the Plan deposited under Conidtion 2.20 has been fully and properly implemented.

2.22 To mitigate the operational air-borne noise from the viaduct section as shown in Figure 1, before commencement of operation of the Project, the Permit Holder shall fully and properly implement all noise mitigation measures as shown in Appendix 1 and Figures 11 to 13 of this Permit.

2.23 The Permit Holder shall, no later than one month after the completion installing noise mitigation measures on the viaduct section, deposit with the Director four hard copies and one electronic copy of a set of as-built drawing(s) showing:

(a) the operational air-borne noise mitigation measures under Condition 2.22 above; and

(b) any additional or changes in measures that may have been implemented after consultation with concerned parties.

Before submission to the Director, the set of as-built drawing(s) 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.

2.24 At least one month before commencement of operation of the Project, the Permit Holder shall carry out noise performance test and deposit with the Director four hard copies and one electronic copy of a Noise Performance Test Report to confirm the compliance of the operational air-borne and ground-noise levels in accordance with the approved EIA Report. Before submission to the Director, the Noise Performance Test Report 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. Any necessary measure(s) as recommended in the Noise Performance Test Report shall be fully and properly implemented.

2.25 At least one month before commencement of operation of the Project, the Permit Holder shall carry out fixed plant noise audit and deposit with the Director four hard copies and one electronic copy of an audit report showing that the design of the fixed plant noise sources associated with the Project complies with the maximum sound power levels determined in the approved EIA Report. The noise emitted from the fixed noise sources shall be free of the characteristics of tonality, implusiveness and intermittency. The audit report 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.

Measures for mitigating visual and landscape impacts

2.26 To reduce the landscape and visual impact due to the Project, in particular the reinstated Harcourt Garden, the new structures of ventilation shafts and electrical and mechanical plant buildings and the viaduct section along reinstated Wong Chuk Hang Nullah, the Permit Holder shall, at least one month before the commencement of corresponding parts of landscape works of the Project, deposit with the Director four hard copies and one electronic copy of a visual and landscape plan. The Plan shall include the design details, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scale as agreed by the Director of the landscape and visual mitigation measures of the Project as recommended in the approved EIA Report. Before submission to the Director, the 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.

Measures for mitigating water quality impacts

2.27 To maintain the water flow regime and flushing capacity in Aberdeen Channel and reinstated Wong Chuk Hang Nullah, the Permit Holder shall (a) align the railway bridge piers/pier foundations in parallel with the existing Ap Lei Chau Bridge piers as shown in Figure 8 and adopt streamline-shaped pier foundations for the railway bridge and (b) construct a nullah decking structure of approximately 600m in length as shown in Figures 14a to 14d and the viaduct piers aligned along the Nullah side as shown in Figures 15a to 15d.

3. Environmental Monitoring and Audit Requirements

3.1 The EM&A programme of the Project, including the monitoring for noise, air quality and ecological impacts during the construction stage and the monitoring of ecological impacts after completion of construction activities, shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR – 155/2010) of the Project and an updated EM&A Manual submitted under Condition 2.8 above. The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.6. Any changes to the EM&A requirements or programme and termination of the EM&A programme shall be supported with justifications by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual (Register No. AEIAR – 155/2010) of the Project and the updated EM&A Manual submitted under Condition 2.8 above; and the prior approval from the Director shall be sought before their implementation.

3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual/updated EM&A Manual by:

(a) conducting baseline environmental monitoring;

(b) conducting impact monitoring; 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/updated EM&A Manual are exceeded; and logging and keeping records of details of 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; and

(c) conducting post-construction ecological monitoring and carrying out actions described in the contingency plan of the EM&A Manual.

3.3 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual/updated EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.4 Four hard copies and one electronic copy of the monthly EM&A Reports for the construction shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the approved EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual/updated EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.5 All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct.

4. Electronic Reporting of EM&A Information

4.1 To facilitate public inspection of the Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 hard copies as described in Conditions 3.3 and 3.4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

4.2 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within 1 month after the commencement of construction of the Project. All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable, 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. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first 3-year of operation of the Project, or otherwise as agreed by the Director.

4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and 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 work and all submissions under this permit;

(b) searching by date;

(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 construction site.

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:-

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.

Appendix 1

Noise Mitigation Measures to be Implemented before commencement of Operation of the Project

Remarks:

1. This table is produced according to Table 3.58 of the approved EIA report (Register No. AEIAR-155/2010)

2. This table is to be read in conjunction with Figures 11 to 13 attached to this Permit.

Track Direction	Chain-age	Location	Type of Noise Mitigation Measures	Height, m	Length, m
Up Track (From South Horizons to Admiralty)	13530 – 13620	TWGH Yeung Shing Memorial Long Stay Care Home	Semi-enclosure covering both tracks with opening along southern side	6	90
	13930 – 14100	West of Ocean Park G/IC Site	Semi-enclosure covering both tracks with opening along southern side	6	170
	14210 – 14400	East of Wong Chuk Hang Residential Zone	Semi-enclosure covering all tracks of the viaducts with opening along northern side	6	190
	14660 – 14720	West of Wong Chuk Hang Residential Zone	Semi-enclosure covering both tracks with opening along northern side	6	60
Down Track (From Admiralty to South Horizons)	13530 – 13620	TWGH Yeung Shing Memorial Long Stay Care Home	Semi-enclosure covering both tracks with opening along southern side	6	90
	13930 – 14100	West of Ocean Park G/IC Site	Semi-enclosure covering both tracks with opening along southern side	6	170
	14020 – 14100	Police School	Vertical Barrier	2.2m above parapet	80
	14210 – 14400	East of Wong Chuk Hang Residential Zone	Semi-enclosure covering all tracks of the viaducts with opening along northern side	6	190
	14660 – 14720	West of Wong Chuk Hang Residential Zone	Semi-enclosure covering both tracks with opening along northern side	6	60
	14660 – 14720	West of Wong Chuk Hang Residential Zone	Vertical Barrier	2.4 m above parapet	60

Notes: OCP station will be upgraded to fully decking design to block the direct line of sight to the tracks within the station from the planned NSRs at the G/IC site next to the station should the development at the site is noise sensitive use.

Environmental Permit No. EP-407/2010

環境許可證編號 EP-407/2010

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