Environmental
Permit No. EP-463/2013
環境許可證編號No. EP-463/2013
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 所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發﹕
|
Application
No. 申請書編號 |
AEP-463/2013 |
|
Documents in
the Register: 登記冊上的文件： |
(1) Widening and Reconstruction of - Environmental Impact Assessment Report (August 1999) [hereinafter referred to as the
"EIA Report"] - Environmental Monitoring
and Audit Manual (April 2000) [hereinafter
referred to as the “EM&A Manual”] 大埔公路(沙田段)擴闊及重建工程(登記冊編號： AEIAR-020/1999) -
環境監察及審核手冊(2000年4月) [下稱 “環監手冊”] (2)
The Director’s letter of approval of the EIA
Report dated 署長於1999年11月19日發出批准環評報告的信件 (檔案編號: Ax(1) to
EP2/N1/A/33) |
|
|
(3) Documents
attached to the Application for Environmental Permit submitted by the Permit Holder on [Hereinafter referred to as the
"Application"] - “Widening
of [Hereinafter
referred to as the "EIA Review
Report"] 許可證持有人於
2013年 9月 18日提交的環境許可證申請書夾附的文件
(申請書編號
： AEP-463/2013) [下稱 “申請書”] - 《大埔公路(沙田段)擴闊工程–環評檢討報告 (2013 年 9月) 》[下稱 “環評檢討報告”] |
9 October 2013
|
Date 日期 |
|
(Maurice K.L.
YEUNG) Principal
Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
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 所提及的指定工程項目的說明:
|
Title of
Designated Project 指定工程項目的名稱 |
Widening
and Reconstruction of Tai Po Road (Sha Tin Section) [Hereinafter referred to as "the Project"] |
|
Nature of Designated Project |
A major improvement to an existing primary distributor road 對現有主要幹路作重大改善工程。 |
|
Location of Designated Project 指定工程項目的地點 |
大埔公路(沙田段)。 工程項目的位置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 |
Widening and reconstruction of an approximate 1.2km long of the existing Tai Po Road (Sha Tin Section)
from dual 2-lane to dual 3-lane carriageway; and improvement of the existing Sha
Tin Rural Committee Road and its junctions. 擴闊及重建現時大埔公路(沙田段)一段長約1,200米的路段，由雙線雙程道路改為三線雙程道路; 並改善現時的沙田鄉事會路及其交滙處。 |
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 Air Pollution Control Ordinance (Cap.
311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance
(Cap. 358), Noise Control Ordinance (Cap. 400) 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 and the documents referred to in Part A of the Permit
readily available at all times for inspection by the Director or his authorized
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 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
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 all recommendations described in the EIA Report (Register No.:
AEIAR-020/1999), the EIA Review Report, the application documents for
environmental permit (Application
No. AEP-463/2013), 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 ongoing 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 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 the 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 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. Specific
Conditions
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
two weeks 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 updated EM&A Manual submitted and approved under
Condition 2.3 of 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 (Register No.: AEIAR-020/1999), the EIA
Review 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 (Register No.: AEIAR-020/1999),
the EIA Review 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 updated 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 two weeks before the
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 updated EM&A Manual submitted and approved under
Condition 2.3 of this Permit, and shall audit
the overall EM&A performance, including the implementation of all
environmental mitigation measures, submissions required in the updated 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 change of circumstances or
non-compliance with the recommendations of the EIA Report (Register No.:
AEIAR-020/1999), the EIA Review Report and this Permit, which might affect the
monitoring or control of adverse environmental impacts from the Project. In case the IEC fails to so notify the
Director of the same, fails to discharge the duties of
the IEC as defined in the updated 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.
Submission of Updated
Environmental Monitoring and Audit Manual
2.3 The Permit Holder shall update the EM&A Manual to
include the latest EM&A requirements in accordance with the information and
recommendations described in the EIA Review Report and by
taking into account any specific site conditions, such as on the protection and
monitoring regime of old and valuable trees, that may be changed before the
construction of the Project.
The Permit Holder shall,
at least one month before the commencement of construction of the Project, deposit with
the Director four hard
copies and four electronic copies of the updated EM&A Manual. Before submission to the Director, the updated
EM&A Manual shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations described in the EIA Report (Register No. AEIAR-020/1999) and the EIA
Review Report, and taking into account any specific requirements with respect
to the latest site conditions of the Project. All measures recommended in the updated EM&A Manual
approved under this Condition shall be fully and properly implemented in
accordance with the requirements and time schedule(s) set out in the updated
EM&A Manual. The EM&A Manual deposited under this Condition shall
hereinafter be referred to as the “updated EM&A Manual”.
Submission of Landscape Plan
2.4 The
Permit Holder shall, at least one month before the commencement of the corresponding
parts of landscape works of the Project, deposit with the Director four hard
copies and four electronic copies of landscape plan(s). The landscape plan(s) shall show the design details, confirmation
of the feasibility for proposed planting, locations, implementation programme,
maintenance and management schedules, and drawings in the scale of 1:1,000 or
other appropriate scale of the landscape and visual mitigation measures of the
Project. Before submission to the
Director, the landscape plan(s) shall be certified by the ET Leader and
verified by the IEC as conforming to the relevant information and
recommendations contained in the EIA Report (Register No. AEIAR-020/1999) and the EIA Review
Report. All landscape and visual
mitigation measures shall be properly implemented and maintained for the
Project in accordance with the deposited landscape plan. The Permit Holder shall make available additional copies to
the Director upon his request.
Submissions after Commencement of Construction of the Project
2.5 The Permit
Holder shall, within one month after 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 information,
to be submitted, shall include at least an organization chart, names of
responsible persons and their contact details.
Measures to mitigate Water Quality Impacts during
Construction of the Project
2.6 Channels, earth
bunds or sand bag barriers shall be provided on site to direct storm water to
silt removal facilities.
2.7 Water to be
pumped out from trenches or foundation excavations shall be discharged into
storm drains via silt removal facilities.
2.8 All drainage
facilities shall be properly maintained to ensure efficient operation at all
times.
2.9 Construction
waste, debris and rubbish shall be properly collected, handled and disposed of
to avoid water quality impacts.
2.10 Construction
work force sewage shall be handled by temporary or permanent public toilets or
by portable chemical toilets or sewage holding tanks with the sewage to be
regularly collected.
Measures to mitigate Dust Impacts during Construction of
the Project
2.11 On-site storage
of excavated materials shall be covered by impervious sheeting or sprayed with
water to keep the entire surface wet.
2.12 Every vehicle shall be washed to remove dusty materials from
its body and wheels before leaving the construction site.
2.13 The haul road shall be sprayed with water to keep the entire
road surface wet.
Measures to mitigate Traffic Noise Impact during
Operation of the Project
2.14 To mitigate traffic noise impact arising from the Project, the Permit Holder shall implement
all noise mitigation measures as shown in Figures 2a to 2d of this
Permit before commencement of operation of the Project.
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 updated EM&A Manual deposited under Condition 2.3 of this Permit. 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 updated EM&A Manual and shall seek the prior approval from
the Director before implementation.
3.2 Samples, measurements and
necessary remedial actions shall be taken in accordance with the requirements
of the updated EM&A Manual by:-
(i)
conducting baseline environmental monitoring;
(ii)
conducting impact monitoring;
(iii)
carrying out remedial actions described in the Event/Action Plans of the
updated 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 updated EM&A Manual are exceeded; and
(iv)
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.
3.3
Three hard copies and two electronic copy of
the Baseline Monitoring Report shall be submitted to the Director at least 2
weeks before the commencement of construction of the Project. The submissions shall
be certified by the ET Leader and verified by the IEC as complied with the
requirements as set out in the updated EM&A Manual
before submission to the Director. The ET
Leader and IEC shall personally inspect the site within each reporting cycle
prior to certification and verification of compliance of EM&A Reports. Additional copies of
the submission shall be provided upon request by the Director.
3.4
Three
hard copies and two electronic copy of monthly EM&A Report shall be
submitted to the Director within 2 weeks after the end of each reporting month throughout the entire construction period. The EM&A Reports shall include a summary of all
non-compliance. The submissions shall be certified by the ET
Leader and verified by the IEC as complying with the requirements as set out in
the updated
EM&A Manual before submission
to the Director. Additional copies of the submission shall be provided
to the Director upon request by the Director.
3.5 All EM&A 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 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 hard
copies as described in Conditions 3.3 and 3.4 above 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.
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 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 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.
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-463/2013
環境許可證編號EP-463/2013
| Figure 1 | Figure 2a | Figure 2b | Figure 2c | Figure 2d |
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