Environmental
Permit No. EP-444/2012
環境許可證編號 EP-444/2012
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 (EIAO), 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鐵路有限公司 (下稱許可證持有人)以建造及營辦B部所說明的指定工程項目，但須遵守C部所說明或附載的條件。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-444/2012 |
|
Document in the Register |
(1) Project Profile – MTR Wan 工程項目簡介 – 灣仔站利東街行人隧道 (登記冊檔號: PP-472/2012) (2) The Director’s letter of permission to apply directly for
environmental permit dated 26 September 2012 [Ref.: (20) in EP2/H5/A/15)] 署長於 (3) Application for Environmental Permit submitted by the Permit
Holder on 17 October 2012 (Application No. AEP-444/2012) 許可證持有人於 |
5
November 2012
|
Date 日期 |
|
(Ken
Y.K. Wong) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光代 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 |
MTR Wan [This designated project is hereinafter referred
to as “the Project”] 灣仔站利東街行人隧道 [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 the
Project constituting material change to MTR Wan Chai Station of the Island
Line 建造及營辦工程項目對港鐵港島綫的灣仔站構成實質改變 |
|
Location of Designated Project(s) 指定工程項目的地點
|
The project is located between MTR Wan Chai Station
and the redevelopment of the 工程項目位於港鐵灣仔站及市區重建計劃H15區之間，沿修頓遊樂場及莊士敦道的下方進行。工程項目的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction and operation of the following key
elements: (i)
A pedestrian subway of
approximately 100 metres in length connects between MTR Wan Chai Station and
URA H15; (ii)
An integrated exit at URA H15; (iii)
Modification works for the MTR Wan Chai Station;
(iv)Ventilation
facilities for the pedestrian subway. 建造及營辦以下的主要部份： (i)
一條連接港鐵灣仔站及市區重建計劃H15區之間，約 (ii)
一個位於市區重建計劃H15區的綜合出入口； (iii)
港鐵灣仔站的改造工程； (iv)行人隧道的通風設施。 |
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 (EIAO) (Cap. 499) and may become the
subject of appropriate action being taken under the EIAO.
1.2 The Permit Holder shall
ensure full compliance with all legislation from time to time in force
including, without limitation to, the Noise Control Ordinance (Cap. 400), Air
Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap.
358) and Waste Disposal Ordinance (Cap. 354). 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 and 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 in the Permit. The site(s) refers to site(s) of construction 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 description in
Part B of this Permit.
1.7 The Permit Holder shall
ensure that the Project is designed, constructed and operated in accordance
with the information and recommendations described in the Project Profile
(Register No. PP-472/2012), the
application documents for environmental permits, other
relevant documents in the Register, and the information and mitigation measures
described in this Permit, mitigation measures to be recommended in submissions
that shall be deposited with or approved by the Director as a result of permit
conditions contained in this Permit, and mitigation measures to be recommended
under on-going surveillance and monitoring activities during all stages of the
Project. Where recommendations referred to in the documents of the Register are
not expressly referred to in this Permit, such recommendations are nevertheless
to be implemented unless expressly excluded or impliedly amended in this
Permit.
1.8 All deposited submissions,
as required under this Permit, shall be rectified and resubmitted in accordance
with the comments, if any, made by the Director within one month of the receipt
of the Director’s comments or otherwise as specified by the Director.
1.9 All submissions approved
by the Director, all submissions deposited without comments by the Director, or
all submissions rectified in accordance with comments by the Director under
this Permit shall be construed as part of the permit conditions described in Part C
of this Permit. Any variation of the submissions shall be approved by the
Director in writing or as prescribed in the relevant permit conditions. Any
non-compliance with the submissions may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap. 499). All submissions or any
variation of the submissions shall be certified by the Environmental Team (ET)
Leader and verified by the Independent Environmental Checker (IEC) referred to
in Conditions 2.1 and 2.2 below, before submitting to the Director under this
Permit.
1.10 The Permit Holder shall release all
finalized submissions as required under this Permit, to the public by
depositing copies in the EIAO Register Office, or in any other places, or any
internet websites as specified by the Director, or by any other means as
specified by the Director for public inspection. For this purpose, the Permit
Holder shall provide sufficient copies of the submissions.
1.11 All submissions to the Director
required under this Permit shall be delivered either in person or by registered
mail to the EIAO Register Office (currently at 27/F, Southorn Centre,
1.12 The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project at
least one month prior to the commencement of construction of the Project. The
Permit Holder shall notify the Director in writing immediately if there is any
change of the commencement date of the construction.
1.13 For the purpose of this Permit,
“commencement of construction” does not include works related to site clearance
and preparation, or other works as agreed by the Director.
1.14 The Permit Holder shall notify the
Director in writing the commencement date of operation of the Project no later
than one month prior to the commencement of operation of the Project. The
Permit Holder shall notify the Director in writing immediately if there is any
change of the commencement date of the operation.
2. Specific
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 Plan in the Project
Profile
(Register No. PP-472/2012) 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 Project Profile (Register
No. PP-472/2012) 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 Project
Profile (Register No. PP-472/2012) 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 Plan in the Project Profile (Register No. PP-472/2012) or failure to
comply with this Condition would entitle the Director to require the Permit
Holder by notice in writing to replace the ET Leader. Failure by the Permit
Holder to make replacement, or further failure to keep contemporaneous records
in the log-book despite the employment of a new ET Leader may render the Permit
liable to suspension, cancellation or variation.
2.2
An IEC shall be
employed by the Permit Holder no later than one month before commencement of
construction of the Project. The IEC shall not be in any way an associated body
of the Contractor or the ET for the Project. The IEC shall be a person who has
at least 7 years of experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Plan in the Project
Profile (Register No. PP-472/2012) and shall audit the overall EM&A performance,
including the implementation of all environmental mitigation measures,
submissions required in the EM&A Plan in the Project Profile (Register No.
PP-472/2012), 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 Project Profile (Register No. PP-472/2012) and this Permit, which may
affect the monitoring or control of adverse environmental impacts from the
Project. In the case where the IEC fails to so notify the Director of the same,
fails to discharge the duties of the IEC as defined in the EM&A Plan in the
Project Profile (Register No. PP-472/2012) 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.
Management Organization of Main Construction
Companies
2.3
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 works of the Project. The submitted information shall
include at least an organization chart, names of responsible persons and their
contact details.
Measures
to be Implemented Before and During Construction of the Project
Measures to Mitigate Construction
Noise and Construction Dust Impacts
2.4
To minimize construction noise
impact, when any item of powered mechanical equipments (PMEs) included in the
list below is to be used, only the quiet type of the relevant PMEs with Sound
Power Level (SWL) not exceeding the value as stipulated below shall be used:
(i)
Breaker with SWL not exceeding
106dB(A)
(ii)
Circular Saw with SWL not
exceeding 106dB(A)
(iii)
Concrete Lorry Mixer with SWL not
exceeding 96dB(A)
(iv)
Concrete Pump Truck with SWL not
exceeding 106dB(A)
(v)
Crane Lorry with SWL not
exceeding 94dB(A)
(vi)
Excavator with SWL not exceeding
103dB(A)
(vii)
Lorry with SWL not exceeding
102dB(A)
(viii)
Pipe Piling Rig with SWL not
exceeding 102dB(A)
(ix)
Poker with SWL not exceeding
98dB(A)
(x)
Road Roller with SWL not
exceeding 101dB(A)
(xi)
Silent Piler Machine with SWL not
exceeding 94dB(A)
(xii)
Truck with SWL not exceeding
103dB(A)
2.5
The following mitigation measures
recommended in the Project Profile (Register No. PP-472/2012) shall be
implemented to impede construction noise transmission from the PMEs listed below
to noise sensitive receivers being protected:
(i)
Movable noise barriers, with
surface mass of at least
(ii)
Noise enclosures, with surface
mass of at least
(iii)
Silencer shall be installed for
ventilation fan.
2.6
No explosive shall be used for
excavation and tunnelling works of the Project.
Measures for Landscape and Tree
Preservation
2.7
At least one month prior to the commencement of
construction work, five hard copies and one electronic copy of a landscape plan
shall be submitted to the Director for approval. The landscape plan shall include
detailed measures for protection of retained trees, compensatory tree planting
and soft landscape treatment scheme for the two ventilation buildings. The landscape plan shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the Project Profile (Register No. PP-472/2012).
2.8
Thirteen trees shown in Figure 2 shall be retained, transplanted
or felled in accordance with the recommendations made in Table 1 of this
Permit. To avoid
impairing survival of the retained and transplanted trees during construction
work, protective measures shall be carried out in accordance with the landscape
plan as approved under Condition 2.7 of this Permit.
Measures
to be Implemented Before and During Operation of the Project
Measure to Mitigate Operational
Noise Impact
2.9
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 audit report showing that the design of the fixed plant
noise sources associated with the Project complies with the maximum sound power
levels specified in the Project Profile (Register No. PP-472/2012). 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 Project Profile (Register No. PP-472/2012).
Measure to Mitigate Operational
Landscape and Visual Impacts
2.10
To mitigate operational landscape
and visual impacts of the Project, the following measures shall be carried
out:-
(i)
To re-instate the affected areas
at Southorn Playground upon completion of the construction work.
(ii)
To implement and maintain the soft landscape
treatment scheme for the two ventilation buildings according to the
landscape plan as approved under Condition 2.7 of this Permit.
3. Environmental
Monitoring and Audit Requirements
3.1 The EM&A programme
shall be implemented in accordance with the procedures and requirements as set
out in the EM&A Plan in the Project Profile (Register No. PP-472/2012). Any
major changes to the programme shall be justify by the ET Leader and verified
by the IEC as conforming to the information and requirements contained in the
EM&A Plan, and prior approval from the Director shall be obtained before
implementation.
3.2 Samples, measurements and
necessary remedial actions shall be taken in accordance with the requirements
of the EM&A Plan in the Project Profile (Register No. PP-472/2012) by:
(a) conducting baseline environmental
monitoring;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in
Event/Action Plans of the EM&A Plan 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 Plan are exceeded; and
(d) 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 the information
for inspection on site.
3.3 Three hard copies and one
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least 2 weeks before commencement of construction of the Project.
The submission shall be certified by the ET Leader and verified by the IEC as
complying with the requirements as set out in the EM&A Plan in the Project
Profile (Register No. PP-472/2012) before submission to the Director. Additional copies of the submission
shall be made available to the Director upon his request.
3.4 Three hard copies and one
electronic copy of monthly EM&A Report shall be submitted to the Director
within 10 working days after the end of each reporting month. The monthly
EM&A Reports shall include a summary of all non-compliance (exceedances) of
the environmental quality performance limits (Action and Limit Levels). The
submission shall be certified by the ET Leader and verified by the IEC as
complying with the requirements as set out in the EM&A Plan in the Project
Profile (Register No. PP-472/2012) before submission to the Director. Additional copies of submission shall be
provided upon request by the Director.
3.5 All environmental
monitoring and audit data submitted under this Permit shall be true, valid and
correct.
3.6 The procedures set out in
the EM&A Plan in the Project Profile (Register No. PP-472/2012) shall be
followed in handling complaints during construction of the Project.
4. Electronic
Reporting of EM&A Information
4.1 To facilitate public
inspection of the Baseline Monitoring Report and monthly EM&A Reports via
the EIAO Internet Website and at the EIAO Register Office, electronic copies of
these Reports shall be prepared in Hyper Text Markup Language (HTML) (version
4.0 or later) and in Portable Document Format (PDF version 1.3 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hardcopies 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 hardcopies.
4.2 The Permit Holder shall,
within six weeks after the commencement of construction of the Project, set up
a internet dedicated internet website and notify the Director in writing the
Internet address where the environmental monitoring and project data is to be
placed. All environmental monitoring data described in Condition 4.1 above
shall be made available to the public via abovementioned dedicated internet
website to be set up by the Permit Holder in the shortest practicable time and
in no event later than two 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 internet website for
public access of the environmental monitoring data and reports throughout the
entire construction period and during the first six months 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 and project data including the Project Profile and the
Environmental Permit of the Project. The Internet website shall have features
capable of:
(a) providing
access to all environmental monitoring data collected since the commencement of
construction and all submissions under this Permit;
(b) searching
by date;
(c) searching
by types of monitoring data; and
(d) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the
Director.
Table
1: Recommended Treatment for the 13 Trees on Project site*
|
Tree No. |
Scientific Name |
Chinese Common Name |
Recommendation |
|
TR-01 |
Cassia surattensis |
黃槐 |
Transplant |
|
TR-02 |
Ficus microcarpa |
細葉榕 |
Transplant |
|
TR-04 |
Aleurites moluccana |
石栗 |
Retain |
|
TR-05 |
Spathodea camoanulata |
火焰木 |
Retain |
|
TR-06 |
Bauhinia blakeana |
洋紫荊 |
Retain |
|
TR-07 |
Bauhinia blakeana |
洋紫荊 |
Retain |
|
TR-08 |
Bauhinia blakeana |
洋紫荊 |
Retain |
|
TR-09 |
Bauhinia blakeana |
洋紫荊 |
Retain |
|
TR-10 |
Bauhinia blakeana |
洋紫荊 |
Retain |
|
TR-11 |
Spathodea camoanulata |
火焰木 |
Retain |
|
TR-12 |
Bauhinia blakeana |
洋紫荊 |
Retain |
|
TR-13 |
Spathodea camoanulata |
火焰木 |
Fell |
|
TR-14 |
Bauhinia blakeana |
洋紫荊 |
Transplant |
* Based on Tree Survey Schedule
in Appendix IV of the Project Profile (Register No. PP-472/2012)
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
EIAO, and the following notes are for general information only.
2. If there is a breach
of any condition of this Permit, the Director or his authorized officer may,
with the consent of the Secretary for the Environment, order the cessation of
associated work until the remedial action is taken in respect of the resultant
environmental damage, and in that case the Permit Holder shall not carry out
any associated works without the permission of the Director or his authorized
officer.
3. The Permit Holder
may apply under Section 13 of the EIAO to the Director for a variation of the
conditions of this Permit. The Permit Holder shall replace the original permit
displayed on the Project site by the amended permit.
4. A person who assumes
the responsibility for the whole or a part of the Project may, before he
assumes responsibility of the Project, apply under Section 12 of the EIAO to
the Director for a further environmental permit.
5. Under Section 14 of
the EIAO, the Director may with the consent of the Secretary for the
Environment suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the Project site.
6. If this Permit is
cancelled or surrendered during constructs or operates of the Project, another
environmental permit must be obtained under the EIAO before the Project could
be continued. It is an offence
under Section 26(1) of the EIAO to constructs or operates a designated project
listed in Part I of Schedule 2 of the EIAO without a valid environmental
permit.
7. Any person who
constructs or operates the Project contrary to the conditions in the Permit,
and is convicted of an offence under the EIAO, is liable:
(i)
on a first conviction on indictment
to a fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
(iii)
on a first summary conviction to
a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the offence is
of a continuing nature, the court or magistrate may impose a fine of $10,000
for each day on which he is satisfied the offence continued.
8. The Permit Holder
may appeal against any condition of this Permit under Section 17 of the EIAO
within 30 days of receipt of this Permit.
9. The Notes are for
general reference only and that the Permit Holder should refer to the EIAO for
details and seek independent legal advice.
Environmental
Permit No. EP-444/2012
環境許可證編號：EP-444/2012
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