Environmental
Permit No. EP-445/2013
環境許可證編號EP-445/2013
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 Civil Engineering and Development Department
(hereinafter referred to as the "Permit Holder") to construct and
operate the designated project described in Part B
subject to the conditions 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(環評條例)第10條的規定，環境保護署署長（署長）將本環境許可證批予土木工程拓展署 (下稱許可證持有人)以建造及營辦B部所說明的指定工程項目，但須遵守C部所說明或附載的條件。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-445/2012 |
|
Document in the Register |
(1) Kai Tak
Development – Infrastructure at Former Runway and Remaining Areas of North
Apron and Improvement of Adjacent Waterways – Design and Construction
(Register No.: AEIAR- 170/2013): -
Environmental Impact Assessment Report for
Kai Tak Development – Roads D -
Environmental Monitoring and Audit Manual
for Kai Tak Development – Roads D -
Environmental Impact Assessment Executive
Summary for Kai Tak Development – Roads D 啟德發展計劃 – 前跑道及北停機坪餘下部份的基礎設施與毗連水道改善 – 設計與建造 (登記冊編號: AEIAR-
170/2013) -
啟德發展計劃 – 道路D -
啟德發展計劃 – 道路D -
啟德發展計劃 – 道路D (2) The Director’s letter of approval of the EIA report
dated 3 May 2013 referenced (20) in Ax(2) to EP2/K19/ 署長於 |
|
Document in the Register |
(3)
Application for an Environmental Permit
submitted by the Permit Holder on 31 December 2012 (Application No.:
AEP-445/2012) 許可證持有人於 |
3
May 2013
|
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 (hereinafter referred to as the
“Permit”):-
下列為本環境許可證(下稱“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 |
Kai Tak Development – Roads D [This designated project is hereinafter referred
to as "the Project"] 啟德發展計劃 – 道路D |
|
Nature of Designated Project(s) 指定工程項目的性質 |
District
distributor roads. 地區幹路道路。 |
|
Location of Designated Project(s) 指定工程項目的地點
|
The Project is located within the Runway Precinct of
the Kai Tak Development. The location of this Project is shown in Figure 1 attached to this Permit. 工程項目位於啟德發展計劃跑道休閒區上。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: (a) Road D (b) Road D 建造及營辦以下的主要部份: (a) D (b) D |
C部 (許可證條件)
1. General
Conditions
一般條件
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 Air Pollution Control Ordinance (Cap. 311), Waste
Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and
Noise Control Ordinance (Cap. 400). 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 EIA Report, the
application documents for environmental permit, other relevant documents in the
Register, 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 Environmental Impact Assessment Ordinance 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 Environmental Impact Assessment Ordinance Register Office
(currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).
Electronic copies of all finalized 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 hard copies.
1.12 The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project no
later than one month prior to the commencement of construction of the Project.
The Permit Holder shall notify the Director in writing immediately if there is
any change of the commencement date of the construction.
1.13
For the purpose of this Permit,
“commencement of construction” does not include works related to site clearance
and preparation, or other works as agreed by the Director.
1.14
The Permit Holder shall notify
the Director in writing the commencement date of operation of the Project no
later than one month prior to the commencement of operation of the Project. The
Permit Holder shall notify the Director in writing immediately if there is any
change of the commencement date of operation.
2. Specific
Conditions
Submission
and/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 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 requirements as contained in the EM&A Manual of the Project. In
addition, the ET Leader shall be responsible for certifying the environmental
acceptability of permanent and temporary works, relevant design plans and
submissions under this Permit. 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.
2.2
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 Manual of the Project 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, 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 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.
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 of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Submission
of Design Drawing of the Project
2.4
The Permit Holder shall, no later than one month before
the commencement of the construction works of the Project, deposit four hard
copies and one electronic copy of design drawing(s) of the Project with scale
of at least 1:1000.
Submission
of Landscape Mitigation Plan of the Project
2.5
The Permit Holder shall, at least one month before the
commencement of construction of the Project, deposit with the Director four
hard copies and one electronic copy of a Landscape Mitigation Plan(s). The
Landscape Mitigation Plan(s) shall be certified by the ET leader and verified
by the IEC as conforming to the information and recommendations of landscape
and visual mitigation measures contained in EIA Report as detailed in Table 1
of this Permit.
Measures to be Implemented Before
and During Construction of the Project
Measures
for Mitigating Landscape and Visual Impact during construction of the Project
2.6
Decorative mesh screens or construction hoardings in
visually unobtrusive colour shall be erected around work areas before commencement
of construction and shall be properly maintained throughout the construction
period.
2.7
All lights shall be hooded to control night-time lighting
and glare during construction of the Project.
Submissions and/or Measures
to be Implemented Before and During Operation of the Project
Measures
and Submission for Mitigating Landscape and Visual Impact during
operation of the Project
2.8
The landscape and visual mitigation measures shall be implemented
in accordance with the recommendations of the Landscape Mitigation Plan(s)
deposited under Condition 2.5 above. The Permit Holder shall, at least one
month before the commencement of operation of the Project, deposit with the
Director four hard copies and one electronic copy of the As-Built Drawing(s) of
the Project, which shall be certified by the ET Leader and verified by the IEC
as conforming to the recommendations of the Landscape Mitigation Plan(s)
deposited under Condition 2.5 above. The landscape and visual mitigation
measures shall be properly maintained during operation of the Project.
Measures
for Mitigating Noise Impact during operation of the Project
2.9
To mitigate traffic noise impact arising from the
Project, the Permit Holder shall implement all noise mitigation measures as
shown in Table 2 and Figures
2 & 3a
to 3f
of this Permit before commencement of operation of the Project or population
intake of any residential uses in the Runway
Precinct of the Kai Tak Development, whichever is later. All noise mitigation measures
implemented shall be properly maintained during operation of the Project.
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 Manual. Any change to the EM&A
requirements or programme shall be justified by the ET Leader and verified by
the IEC as conforming to the relevant requirements set out in the EM&A
Manual and shall seek the prior approval from the Director before
implementation.
3.3
All environmental monitoring and
audit data submitted under this Permit shall be true, valid and correct.
4 Electronic
Reporting of EM&A Information
4.1
To facilitate public inspection
of EM&A Reports via the EIAO Internet Website and at the EIAO Register
Office, electronic copies of these Reports shall be prepared in Hyper Text
Markup Language (HTML) (version 4.0 or later) and in Portable Document Format
(PDF version 4.0 or later), unless otherwise agreed by the Director and shall
be submitted at the same time as the hardcopies as described in Condition 3.2
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.
Table 1 - Landscape and visual mitigation measures
(referred in Condition 2.5)
|
|
Type of Mitigation Measures |
|
(a) |
All above ground
structures shall be sensitively designed with regard to the form, material
and finishes and shall respond to the existing and planned urban context. |
|
(b) |
Streetscape elements
shall be sensitively designed in a manner that responds to the existing and
planned urban context. |
|
(c) |
Attractive soft
landscape in areas adjoining any visible structures such as tall buffer
screen tree/shrub/ climber planting, vertical greening and roof greening
where appropriate should be incorporated so as to provide a visual softening
and greening effect and soften hard engineering structures and facilities. |
|
(d) |
Structure, ornamental
tree/shrub/climber planting should be provided along roadside amenity strips
to enhance the townscape quality, where space is available. |
|
(e) |
Appropriate design
of street lighting to avoid glare and light pollution to surrounding areas. |
|
(f) |
Avoidance of
excessive height and bulk of the associated landscaped deck to the central
boulevard. |
|
(g) |
Elegant engineering
design, sensitive architectural and chromatic treatment and generous planting
of the associated landscaped deck to the central boulevard. The form, color
and surface detailing of these structures should be carefully considered to
reduce their apparent height and bulk (visual weight). |
|
(h) |
Sensitive design of
noise barriers & enclosures with greening (screen planting/ climbers/
green roofs) and chromatic measures. |
|
(i) |
Compensatory tree
planting for felled trees. |
Remarks:
1.
This table is produced according to the Table 9.1 of the
EIA Report.
Table 2 - Noise mitigation
measures to mitigate traffic noise impact (referred in Condition 2.9)
|
|
Type of Mitigation Measures |
Approximate Length |
Location |
|
(a) |
Landscaped Deck |
|
Along Roads D |
|
(b) |
Vertical noise barrier connected to the landscaped deck |
|
Along Roads D |
|
(c) |
|
|
Along Road D |
|
(d) |
Staircases with noise barriers |
N.A. |
Next to Sites |
Remarks:
1.
This table is produced according to the Table 9.1 of the
EIA Report.
2.
This table is to be read in conjunction with Figures 2 & 3a to 3f of this Permit.
Notes:
註:
1. This Permit consists
of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project(s)) 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.
本許可證共有3部，即A部
(許可證主要部分)；B部
(指定工程項目的說明)
及C部 (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
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.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。
4. A person who assumes
the responsibility for the whole or a part of the designated project(s) may,
before he assumes responsibility of the designated project(s), apply under
Section 12 of the EIAO to the Director for a further environmental permit.
承擔工程項目整項或部分工程的責任的人，在承擔責任之前，可根據環評條例第12條的規定向署長申請新的環境許可證。
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.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下，不再展示。
6. If this Permit is
cancelled or surrendered during construction or operation 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 construct or operate a designated
project listed in Part I of Schedule 2 of the EIAO without a valid
environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續進行工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2第I部所列明的指定工程項目，即屬犯罪。
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:
如任何人在違反本許可證的條件下建造或營辦工程項目，根據環評條例，即屬犯罪-
(i)
on a first conviction on
indictment to a fine of $2 million and to imprisonment for 6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii)
on a first summary conviction to a
fine at level 6 and to imprisonment for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv)
on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
Environmental
Permit No. EP-445/2013
環境許可證編號EP-445/2013
| Figure 1 | Figure 2 |
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