Environmental Permit No. EP-472/2013
環境許可證編號EP-472/2013
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
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 specified in 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-472/2013
|
|
Document in the Register: 登記冊上的文件： |
(1) North East New Territories New
Development Areas (Register No.: AEIAR-175/2013) - Environmental Impact
Assessment Report (April 2013) [hereinafter
referred to as the "EIA Report"] - Environmental Monitoring and Audit Manual (April 2013) [hereinafter referred to as the
“EM&A Manual”] 新界東北新發展區 (記冊編號：AEIAR-175/2013) - 環境監察及審核手冊 (2013年4月) [下稱 “環監手冊”] (2)
The Director’s letter of approval of the EIA Report dated 18 October 2013 (Reference: (45) in EP2/N7/S3/
署長於 (檔案編號: (45) in EP2/N7/S3/ (3) Documents
attached to the Application for Environmental Permit submitted by the Permit Holder on 23
October 2013 (Application No.: AEP-472/2013) [Hereinafter referred to as the "Application"] 許可證持有人於 [下稱 “申請書”] |
21 November 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 (DESCRIPTION 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 |
Fanling Bypass Western
Section [Hereinafter
referred to as "the Project"] 粉嶺繞道西段 [本指定工程項目下稱"工程項目" ] |
|
Nature of
Designated Project 指定工程項目的性質 |
A major improvement to an existing expressway and
trunk roads 對現有快速公路及主要幹路作重大改善工程 |
|
Location of
Designated Project 指定工程項目的地點 |
Fanling North New Development Area The location of the Project is shown in Figure
1 attached to this Permit. 粉嶺北新發展區 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 |
Construction
of new district distributor inside FLN NDA, which provides a linkage between
the Man Kam To Road and the proposed Fanling Bypass Eastern Section 於粉嶺北新發展區內興建新的地區幹路，連接文錦渡路和擬建的粉嶺繞道東段 |
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 approved EIA Report (Register No.
AEIAR-175/2013) as described in Part A of this
Permit; the Director’s letter of approval of the EIA Report dated 18 October
2013 referenced (45) in
EP2/N7/S3/
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 8 weeks 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
Submissions or
Measures to be implemented before 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
6 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-175/2013) 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-175/2013) 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 6 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, 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-175/2013) 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 Report and by taking into account any specific site conditions that
may be changed before the construction of the Project. The Permit Holder shall, at least 4 weeks 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-175/2013), 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”.
Management Organization of Main Construction
Companies
2.4
The
Permit Holder shall, no later than 2 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 information shall include at least an
organization chart, names of responsible persons and their contact details.
Submission of
Location Plans
2.5
The Permit Holder shall, no later than 2 weeks
before the commencement of construction of the Project, deposit four hard
copies and one electronic copy of location plan(s) of the Project with a scale
of 1:1000 or other appropriate scale as agreed with the Director. The plans shall include the details the works boundaries,
works areas, vertical and horizontal alignments of the roads and any other major
facilities; and the locations of key environmental mitigation measures.
Measures to mitigate Cultural Heritage
Impact
2.6
Photographic and cartographic records
of the directly impacted historical buildings and cultural/ historical
landscape features at FL11 and FL33 as shown in Figure 2 shall
be kept by the Permit Holder and a copy of the records shall be deposited with
the Director prior to the commencement of the respective removal or relocation
works.
Submissions or
Measures to be implemented during Construction of the Project
Submission
of Landscape Plan
2.7
The Permit Holder
shall, at least 6 weeks before the commencement of the corresponding parts of
landscape and visual mitigation measures of the Project, deposit with the
Director three hard copies and one electronic copy 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, as agreed with the
Director, 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, including those
described in the EIA Report (Register No. AEIAR-175/2013). 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 request.
Measures
to mitigate Ecological Impacts
2.8
To minimize disturbance and mortality on breeding
ardeids, no works shall be carried out at the current egretry location at Ma
Kam To Road during the ardeid breeding season (from 1st March to 31st
July). The exact location of the current egretry location at Man Kam To Road
shall be checked and confirmed by a qualified ecologist prior to commencement
of any works activity within
2.9
To minimise adverse
impacts on habitats of ecological importance in the
vicinity of the Project,
Submissions or Measures to be implemented during Operation of the Project
Measures
to mitigate Traffic Noise Impact
2.10
To
mitigate traffic noise impact arising from the Project, the Permit Holder shall
implement all noise mitigation measures as shown in Figure 3 of this Permit before commencement of operation of the
Project. All noise mitigation measures
implemented shall be properly maintained during operation of the Project.
Measures to mitigate Ecological Impacts
during Operation of
the Project
2.11
All noise barriers shall be opaque, non-transparent
and non-reflective to minimize mortality impacts on birds, unless otherwise
agreed with the Director.
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
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/or
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/JEPG format unless
otherwise agreed by the Director. The content of the electronic copies of these
Reports must be the same as the hard copies.
4.2
The
Permit Holder shall set up a dedicated website and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed within one month after the commencement of construction of
the Project. All environmental monitoring results described in
Condition 4.1 above and all submissions required by this Permit shall be made
available to the public via this dedicated website to be set up by the Permit
Holder in the shortest time practicable, and in no event later than 2 weeks
after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director. The Permit
Holder shall maintain the dedicated website for public access of the
environmental monitoring data and reports throughout the entire construction
period and during the first 3-year of operation of the Project, or otherwise as
agreed by the Director.
4.3
The
internet website as described in Condition 4.2 above shall
enable user-friendly public access to the monitoring data and project data
including the EIA report, the environmental permit(s) and project profile of
the Project. The internet website shall have features capable of:-
(a)
providing
access to all environmental monitoring data collected since the commencement of
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.
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-472/2013
環境許可證編號EP-472/2013
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