Environmental Permit No. EP-473/2013
環境許可證編號EP-473/2013
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-473/2013
|
|
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-473/2013) [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 Eastern Section [Hereinafter referred to as
"the Project"] 粉嶺繞道東段 [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，連接粉嶺公路和擬建的粉嶺繞道西段 |
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 Layout 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.
Submission of Detailed
Proposal on Relocation Plan for Rose Bitterling
2.6
The Permit Holder
shall retain two meanders at Ng Tung River (at Fu Tei Au and Sheung Shui Wah
Shan as shown in Figure 2) as habitats for the uncommon
fish species Rose Bitterling. Before the commencement of the construction of the Project, the Permit Holder shall submit a detailed proposal for
approval by the Director on the relocation plan of the species and subsequent
monitoring to demonstrate that the mitigation measures proposed are effective.
The Permit Holder shall implement the mitigation measures and monitoring
programme as described in the approved detailed proposal.
Submission of Egretry Habitat
Creation and Management Plan
2.7
Before the commencement of the
construction of the Project, the Permit Holder shall submit a detailed
Egretry Habitat Creation and Management Plan for approval by the Director on the
establishment of alternative egretry sites at locations as indicated in Figure 2 and a monitoring programme to assess and confirm the
effectiveness of the relevant mitigation measures. The Egretry Habitat Creation and Management Plan shall
also include practicable steps to enhance the existing egretry site at Ho
Sheung Heung and/or its vicinity. The Permit Holder shall implement the
mitigation measures and monitoring programme as described in the approved Egretry
Habitat Creation and Management Plan.
Submission of Detailed Design of Siu Hang San Tsuen
Stream
2.8
Before commencement of the construction of the
Project, the Permit Holder shall deposit with the Director the detailed design
of Siu Hang San Tsuen Stream with a
Measures to
mitigate Cultural Heritage Impact
2.9
A baseline condition survey and
baseline vibration impact assessment shall be conducted by a qualified building
surveyor or a qualified structural engineer prior to the commencement of construction of the Project to: (1) define the vibration limit of identified built heritage features at HFL05, FL02, FL04, FL24, FL27, FL31 and FL36 shown in Figures 3a to 3f; (2) determine whether
construction vibration monitoring and/or structural strengthening measures are required during construction phase; and (3) maintain a record
of the condition survey of graded
historic buildings that may be affected by the Project. The baseline condition survey and baseline vibration impact assessment
shall be included in and form part of the Baseline Monitoring Report to be
submitted under Condition 3.3 of this Permit.
2.10
Photographic and cartographic records of the directly
impacted historical buildings and cultural/historical landscape features at FL19
as shown in Figure
4 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. Proposal(s) on relocation of any built heritages shall be submitted for
approval by the Director prior to commencement of the respective relocation
works.
Submissions or Measures to be implemented during Construction of
the Project
Measures to mitigate Ecological Impacts
2.11
To minimize impacts on Siu Hang San Tsuen
Stream and stream fauna, the hydrological linkage between the stream and the Ng
Tung River shall be maintained and a vegetated buffer zone of
2.12
To minimise adverse impacts on habitats
of ecological importance in the vicinity of the Project,
Measures to
mitigate Traffic Noise Impact during Operation of the Project
2.13
To mitigate traffic
noise impact arising from the Project, the Permit Holder shall implement all noise
mitigation measures as shown in Figures 6a and 6b 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
2.14
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 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/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-473/2013
環境許可證編號EP-473/2013
| Figure
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