Environmental
Permit No. EP-430/2011
環境許可證編號EP-430//2011
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
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 Drainage Services 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 渠務署（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-430/2011 |
|
Document in the Register: 登記冊上的文件： |
(1) Regulation of –
Environmental Impact Assessment Report (October 2010) [Hereinafter referred to as the “EIA Report”] –
Environmental Monitoring and Audit Manual (October 2010) [Hereinafter referred to as the
“EM&A Manual”] –
Environmental Impact Assessment Executive Summary (October 2010) [Hereinafter referred to as the “EIA
Executive Summary”] (Register No. : AEIAR-160/2011) (1)
治理深圳河第四期工程： –
環境影響評估報告 (2010年10月) [下稱 「環評報告」] –
環境監察及審核手冊 (2010年10月) [下稱「環評摘要」] –
環境影響評估行政摘要 (2010年10月) [下稱「環監手冊」] (登記冊編號 : AEIAR-160/2011) (2) The Director’s letter
of approval of the EIA Report dated (2) 署長於 (3) Application for
Environmental Permit submitted on 25 October 2011 (Application No. AEP-430/2011) (3)
於 |
|
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 |
Regulation
of 治理深圳河第四期工程 [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 |
River training and
diversion works. 河流治理與導流工程。 |
|
Location of Designated
Project 指定工程項目的地點 |
The location and
alignment of the Project are shown in Figure 1
attached to this Permit. 工程項目的走綫及地點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)
River training
and improvement of about (i)
河流治理及改善一段由平原河至白虎山約4.5公里長的深圳河； (ii)
re-provision of about (ii)
重置一段由平原河至白虎山約4.5公里長的邊界巡邏通路和圍網及相關照明和圍網保護系統； (iii)
ancillary
works including drainage and landscaping
works; (iii)
相關的渠務及環境美化工程； (iv)
associated environmental mitigation measures. (iv)
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-160/2011), the application documents including all
attachments (Application No. AEP-430/2011),
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
and 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 and the works areas 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 Landscape Plan
2.8 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 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 for
the proposed landscape and visual mitigation measures of the 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.
2.9 The
measures shall incorporate ecological design including those mentioned in
Conditions 3.3, 3.4 and 3.5 of this Permit to enhance ecological functions and
linkage to the surrounding habitats.
Submission
of Updated Environmental Monitoring and Audit Manual
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 copies of an
updated Environmental Monitoring and Audit (EM&A) Manual for the Project to
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 updated EM&A Manual 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.
3. Measures for the Construction of the Project
Works
Areas of the Project
3.1 To avoid
environmental impacts on areas close to the Project site shown in Figure 1, 2a, 2b, 2c, 2d and 2e of this Permit, all activities which
is related to or arise as a result of construction of the Project shall be
within the works boundary and the works areas as indicated in the layout plans
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.
Measures for Mitigating Ecological Impact
3.2 All ecological measures
recommended in the Landscape Plan approved
under Condition 2.8 of this Permit shall be fully implemented.
3.3 Compensatory woodland
planting of an area no less than
3.4 To resemble
the naturalness of the river, the river bed shall be retained as natural bottom
and the river bank shall be modified by adopting a sloping landscape with
native riparian vegetation as shown in Figure
4 of this Permit and at locations shown in Figure 5 of this Permit.
3.5 Reinstatement
of marshy low-lying grassland at flood plain as shown in Figure 4 of this Permit and at locations
shown in Figure 5 of this Permit for
an area no less than
Measures
for Mitigating Landscape and Visual Impact
3.6 All
landscape and visual measures recommended in the Landscape Plan approved under
Condition 2.8 of this Permit shall be fully implemented and maintained.
3.7 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
reflects light totally downward and better design of light shielding are
examples that can be considered.
Measures for Mitigating Water Quality Impacts
3.8 To minimize water quality impact,
river dredging and excavation works shall be carried out during dry season from
1st November to 31st March and the daily excavation rate
shall not exceed 996 cu.m per day.
3.9 River dredging
and excavation works shall be carried out within cofferdams after dewatering
according to the construction sequence shown in Figure 6 of this Permit.
4. Submission and Measures for the
Operation of the Project
4.1 To avoid
potential odour impact during maintenance dredging, the dredged sediment shall
not be stockpiled on site and shall be removed off-site for disposal.
4.2 Within 4
weeks after the Project commences operation, 3 sets of detailed as-built
drawing(s) showing the final locations of tree plantings/vegetations and
reinstatement of landscape and visual mitigation measures and ecological
mitigation measures shall be deposited with the Director.
5. Environmental
Monitoring and Audit (EM&A) Requirements
5.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements as set out in the updated EM&A Manual approved under Condition
2.10 of this Permit. Any changes to the monitoring and audit requirements shall
be justified by the ET Leader and verified by the IEC as conforming to the
information and requirements set out in the updated EM&A Manual, and prior
approval from the Director shall be sought before implementation.
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 (i)
to (iii) 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 Six 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 Six hard
copies and one electronic copy of monthly EM&A Report shall be submitted to
the Director within 2 weeks after the end of the reporting month. The EM&A
Reports shall include a summary of all non-compliance (exceedances) of the
environmental quality performance limits (Action and Limit Levels). And a
progress update of the Project Implementation Schedule (Annex H of the EIA
Report). The submission shall be certified by the ET Leader and verified by the
IEC. Additional copies of the submission shall be provided to the Director upon
request by the Director.
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
(iv)
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: -
(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-430/2011
環境許可證編號EP-430//2011
| Figure 1 | Figure 2a |
Figure 2b | Figure
2c | Figure 2d | Figure 2e | Figure 3 | Figure 4 |
Figure 5 | Figure 6 |
[ Back
to First Page ] / [ Back to Main Index ]