Environmental Permit No. EP-534/2017

                                                           環境許可證編號: EP-534/2017

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

A DESIGNATED PROJECT

建造指定工程項目的環境許可證

 

 

PART A (MAIN PERMIT)

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 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-534/2017

 

Document in the Register:

登記冊上的文件：

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

(3)

Site Formation and Associated Infrastructural Works for Development of Columbarium, Crematorium and Related Facilities at Sandy Ridge Cemetery

(Register No. AEIAR-198/2016)

-Environmental Impact Assessment Report

[Hereinafter referred to as the “EIA Report”]

-EIA Executive Summary

[Hereinafter referred to as the “EIA Executive Summary”]

-Environmental Monitoring and Audit Manual

[Hereinafter referred to as the “EM&A Manual”]

 

沙嶺墳場興建骨灰龕、火葬場及有關設施的工地平整及相關基建工程

(登記冊檔號: AEIAR-198/2016)

-環境影響評估報告 [下稱「環評報告」]

-環境影響評估報告行政摘要 [下稱「環評行政摘要」]

-環境監察及審核手冊 [下稱 「環監手冊」]

 

The Director’s letter of approval of the EIA Report dated 8 August 2016 (Reference: (46) in EP2/N7/A/78 Pt.2)

 

署長於2016年8月8日發出批准環評報告的信件 (檔案編號：(46) in EP2/N7/A/78 Pt.2)

 

Application for environmental permit submitted by the Permit Holder on 13 March 2017 (Application No. AEP-534/2017)

 

許可證持有人於2017年3月13日提交的環境許可證申請 (申請書編號:AEP- 534/2017)

 

 

 

 

 

 

                       

      7 April 2017

Date

日期

 

(Johnson M. K. WONG)

Acting Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(署理首席環境保護主任黃文基代行)

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

Site Formation and Associated Infrastructural Works for Development of Columbarium, Crematorium and Related Facilities at Sandy Ridge Cemetery

[This designated project is hereinafter referred to as “the Project”]

 

沙嶺墳場興建骨灰龕、火葬場及有關設施的工地平整及相關基建工程

[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

 

1.          A road bridge more than 100 m in length between abutments; and

2.          A drainage channel which discharges into an area which is less than 300 m from the nearest boundary of an existing conservation area

 

1.   橋台之間的長度超過100米的行車橋樑﹔及

2.   排放入一個地區距離現有的自然保育區最近界線少於300米的排水道。

 

Location of Designated Project

指定工程項目的地點

Sandy Ridge Cemetery, New Territories.

The location of the Project is shown in Figure 1 of this Permit.

 

新界沙嶺墳場

工程項目的地點見本許可證圖1。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

 

The Project mainly comprises:

 

1.          Site formation of about 8 hectares of land and associated drainage, sewerage and landscape works for development of Columbarium and Crematorium facilities at the Sandy Ridge Cemetery;

 

2.          Construction of a new road (about 600m) including a section of viaduct connecting the platform for Crematorium and Man Kam To Road and the pick-up/drop-off point at Man Kam To Road.;

 

3.          Widening of about 900m of the existing Sha Ling Road;

 

4.          Widening of about 1.4km of the existing Lin Ma Hang Road; and

 

5.          Improvement works to the existing barging point at Siu Lam

 

工程項目主要包括以下各項：

 

1.      約8公頃的工地平整及相關的排水，排污及景觀工程，用以發展沙嶺墳場的殯葬設施﹔

 

2.      建造一條新的道路(約600米長)，包括一段連接火葬場的平台和文錦渡路的高架道路，並在文錦渡路設置上客及落客點﹔

 

3.      擴闊一段現有的沙嶺道(約900米長)﹔

 

4.      擴闊一段現有的蓮麻坑路(約1.4公里長)﹔及

 

5.      改善現有的小欖躉船轉運站的工程。

 

 

 

PART C (PERMIT CONDITIONS)

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.

 

許可證持有人及任何從事工程項目的人士必須完全符合本許可證載列的全部條件。任何人士如有不符合本許可證的情況，可能違反《環境影響評估條例》（第499章）的規定，而當局可根據條例採取適當行動。

 

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.

 

許可證持有人須經常確保完全符合現行法例的規定，包括但不限於《空氣污染管制條例 》（第311章）、《廢物處置條例》（第354章）、《水污染管制條例》（第358章）及《噪音管制條例》（第400章）。本許可證本身不會就根據任何法例提起的法律程序構成任何抗辯理由，或根據任何法例默示任何批准。

 

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.

           

許可證持有人須印製本許可證的複本，連同本許可證所述的所有文件及本許可證A部所述文件，以供署長或獲授權人員任何時間內在本許可證所涵蓋的所有工地／辦事處查閱。凡提述本許可證，須包括本許可證所述的所有文件及登記冊內的相關文件。

           

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.

           

許可證持有人須把本許可證的一份複本交予有關工地的負責人，並確保這些人士完全明白本許可證的所有條件與規定。工地是指建造工程項目的工地，下文所提及的工地亦屬同一意思。

 

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).

           

許可證持有人須在工程項目工地的所有車輛進出口或一處方便地點，顯眼地展示本許可證的複本，以供公眾在任何時間內閱覽。許可證持有人須確保在這些地點展示關於本許可證（包括任何經修訂的許可證）的最新資料。許可證持有人如交回許可證的部分或全部，必須把其送交署長的通知書，在備有原有許可證的各處相同地點展示。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。

 

1.6       The Permit Holder shall construct the Project in accordance with the project description in Part B of this Permit.

           

許可證持有人須依據本許可證B部的工程項目說明，建造工程項目。

 

1.7       The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-198/2016), the application document for Environmental Permit (Application No. AEP-534/2017), 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 amended in this Permit.

 

許可證持有人須確保工程項目的設計及建造，按照下述資料及措施辦理：核准環評報告（登記冊編號: AEIAR-198/2016）所說明的資料及各項建議、環境許可證申請文件（申請書編號: AEP-534/2017）；登記冊內的其他相關文件；本許可證所說明的資料及緩解措施；根據本許可證內載的條件須向署長存放或獲署長批准的提交文件所建議的緩解措施；以及在工程項目各階段進行的持續監察及監測工作所建議的緩解措施。登記冊文件所述建議如沒有在本許可證明確表示，則仍須實施這些建議，除非獲本許可證明確豁除或修訂。

 

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.

           

所有按本許可證規定提交及存放的文件，須在接獲署長的意見（如有者）後1個月內（除非署長另行指定），根據署長的意見加以修正及重新提交。

 

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 2.6 below, before submitting to the Director under this Permit.

 

所有提交署長並獲批准的文件、所有提交署長存放而沒有收到署長意見的文件、或根據本許可證提交並已依照署長的意見作出修訂的所有文件，將詮釋為本許可證C部所說的許可證條件的一部分。對提交文件所作的任何修訂，均須獲得署長的書面批准，或符合有關許可證條件所述。凡與所提交的文件有不符合的情況，均可能構成違反《環境影響評估條例》（第499章）。所有提交文件或提交文件的任何修訂本，均須由下文條件第2.1及2.6項所述的環境小組組長核證及獨立環境查核人核實，然後才按本許可證規定向署長提交。

 

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.

           

許可證持有人須把所有按本許可證規定提交的文件定稿公開給公眾人士知道，方法是把有關文件複本存放於環境影響評估條例登記冊辦事處，或署長指定的任何其他地方，或署長指定的任何互聯網網站，或署長指定的任何方法，以供公眾查閱。因此，許可證持有人須提供足夠數量的複本。

 

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.

           

本許可證規定向署長提交的所有文件，須親身送交或以掛號方式郵寄至環境影響評估條例登記冊辦事處（現址為：香港灣仔軒尼詩道130號修頓中心27樓）。所有按本許可證規定提交的文件定稿的電子版本，均須以超文本標示語言（HTML）（第4.0或較後版本）和便攜式文件格式（PDF）(第1.3或較後版本）製作，除非另獲署長同意，並須與硬複本同時提交。

 

1.12     The Permit Holder shall notify the Director in writing the commencement date of construction, of the Project no later than 1 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.

 

許可證持有人須在工程項目的建造工程展開前，至少提早1個月以書面方式把施工日期通知署長。施工日期如有任何更改，許可證持有人必須立即以書面方式通知署長。

 

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.

           

為執行本許可證，「建造工程的展開」不包括有關工地清理和預備工程，或署長同意的其他工程。

 

2        SPECIFIC CONDITIONS

 

 

Employment of Environmental Team (ET)

 

2.1               An ET shall be established by the Permit Holder no later than one month before the commencement of construction of the Project.  The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.  The Permit Holder shall provide a site office/suitable work accommodation on site to the ET for use. The ET shall be headed by an ET Leader and supported by relevant specialists including qualified ecologist(s) and Registered Landscape Architect. 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 minimum on-site time for the ET Leader and ET, and the qualifications of the specialists in the ET shall be proposed with justifications for the approval of the Director.

 

2.2       The ET and the ET Leader shall be responsible for:

 

(i)         implementing the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project as mentioned in Condition 3.1 below;

 

(ii)        certifying the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)       carrying out site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the EM&A Manual of the Project and to take pro-active actions to pre-empt environmental problems;

 

(iv)       notifying the IEC within one working day of the occurrence of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the approved EIA Report (Register No. AEIAR-198/2016) and this Permit; and

 

(v)        keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances.  The log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-198/2016) and this Permit or by the Director or his authorized officers.

 

2.3       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.

 

 

            Employment of Qualified Ecologist(s)

 

2.4       Qualified Ecologist(s) shall be appointed, no later than one month before the commencement of the construction of the Project, to form part of the ET to carry out work relating to ecological aspects including but not limited to a detailed vegetation survey, baseline survey for Golden-headed Cisticola and submissions for the Project as required under Conditions 2.14 to 2.20. Each Qualified Ecologist shall be a person who has at least 5 years of relevant experience. The qualification and experience of the Qualified Ecologist(s) shall be certified by the ET Leader and verified by the IEC.

 

 

Employment of Registered Landscape Architect

 

2.5       A Registered Landscape Architect shall be appointed, no later than one month before the commencement of the construction of the Project, to form part of the ET to carry out work relating to landscape aspects including but not limited to auditing the mitigation measures to ensure compliance with the recommendations of the approved EIA Report (Register No. AEIAR-198/2016) and to certify submissions for the Project as required under Conditions 2.22 to 2.23. The qualification and experience of the Registered Landscape Architect shall be certified by the ET Leader and verified by the IEC.

 

 

Employment of Independent Environmental Checker (IEC)

 

2.6       An IEC with a supporting team shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project.  The IEC and his / her team shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be approved by the Director.  The Permit Holder shall provide a site office/suitable work accommodation on site to the IEC and the supporting team for use.  The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The minimum on-site time for the IEC and his / her team shall be proposed with justifications for the approval of the Director.

 

2.7       The IEC shall report directly to the Director on matters relating to the EM&A programme and environmental impacts from the Project and shall submit to the Director for approval, no later than one month before the commencement of the construction of the Project, a proposal on the reporting mechanism covering the approaches for the IEC and the team to report to the Director on:

 

(i)      how to discharge all the duties specified under the EM&A programme and this Permit, taking into account the construction activities and programme of the Project;

 

(ii)               how to handle each and every change of circumstances, emergency events relating to violation of environmental legislation (such as illegal dumping relating to the Project) or non-compliance (including suspects of non-compliance) with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-198/2016), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project; and

 

(iii)             how to keep proper records in order to respond to questions and enquiries from the Director on the EM&A programme and duties discharged by the IEC.

 

2.8       The IEC shall be responsible for duties defined in the EM&A Manual and this Permit, including but not limited to the following:

 

(i)     to audit the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site;

 

(ii)              to verify the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)            to verify the log-book(s) mentioned in Condition 2.2(v);

 

(iv)             to notify the Director by fax or email, within one working day of receipt of notification from the ET Leader, or identification by the IEC and his / her team, of each and every change of circumstances and emergency events mentioned in Condition 2.7(ii);

 

(v)               to liaise closely with the Director;

 

(vi)             to accompany the Director in carrying out site inspections and attending meetings when requested;

 

(vii)           to offer objective and professional advice on environmental issues, when requested, and to respond to questions and enquiries from the Director on the EM&A programme and duties discharged by the IEC, with the support of relevant information, documents and records as appropriate; and

 

(viii)         to allocate adequate resources, including any necessary specialist support, for discharging the duties required in this Permit and the EM&A Manual.

 

2.9         If the Director considers the IEC fails to discharge the duties of the IEC as defined in the EM&A Manual or in this Permit, 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 of the IEC to discharge his duties despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.

 

 

Submission of Management Organizations

 

2.10     The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the Director in writing with the following information which shall include at least an organization chart, names of responsible persons and their contact details:

 

(i)      the management organization of the main construction companies and / or any form of joint ventures associated with the construction of the Project;

 

(ii)          the management organization of the ET; and

 

(iii)        the management organization of the IEC and the supporting team.

 

 

Submission of Construction Works Schedule and Location Plans

 

2.11     The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit four hard copies and one electronic copy of a Works Plan with the Director. The plan shall include at least the following informations/specifications:

 

(i)    a detailed phasing programme of all construction works including site formation and road improvement works of the Project; and

 

(ii)          Location plan of all construction works in an appropriate scale as agreed by the Director.

Submission of Layout Plan for the proposed footpath at Lin Ma Hang Road

 

2.12     Pedestrian footpath shall only be provided on one side of Lin Ma Hang Road (the Road). In the event that there is a need for additional sections of footpath at the Road, the Permit Holder shall report the need and consult the Advisory Council on the Environment (ACE) prior to submitting the Layout Plan of proposed pedestrian footpath of the Road to the Director for approval. No construction of the footpath(s) at the Road shall commence prior to approval of the Layout Plan.

 

 

Submissions of Contamination Assessment Plan (CAP) for the south east corner of the site next to Man Kam To Road

 

2.13     Land contamination assessment to the potentially contaminated site as shown in Figure 2 of this Permit shall be carried out when access to this site is available and before the commencement of construction of the relevant part of the Project at this site. The Permit Holder shall submit four hard copies and one electronic copy of the CAP to the Director for approval. No construction works at this site shall be commenced before the approval of the CAP by the Director. All recommendation(s) in the approved CAP shall be implemented.

 

 

Submission of Grassland Reinstatement Plan

 

2.14     The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit four hard copies and one electronic copy of a Grassland Reinstatement Plan to the Director for approval. The Plan shall be prepared by a qualified ecologist/botanist and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-198/2016). All recommended measures as set out in the approved Grassland Reinstatement Plan shall be fully and properly implemented.

 

 

Submissions of Vegetation Survey Report and Transplantation Proposal

 

2.15     The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of a Vegetation Survey Report. The survey shall report the presence, as well as update the conditions, number, locations and habitat types of any identified floral species of conservation importance within the works area. The survey shall also identify the number and locations of the individuals of floral species of conservation importance to be affected by the Project and evaluate suitability and/or practicability of transplantation.

 

2.16     If the Vegetation Survey concluded that transplantation of the affected floral species of conservation importance is needed, the Permit Holder shall submit a Transplantation Proposal no less than one month before commencement of transplantation to the Director for approval.

 

2.17        The Vegetation Survey Report and the Transplantation Proposal shall be prepared by a qualified ecologist/botanist and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-198/2016). All recommended measures as set out in the approved Transplantation Proposal shall be fully and properly implemented.

 

 

 

 

Submission of Woodland Compensation Plan

 

2.18     The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit four hard copies and one electronic copy of a Woodland Compensation Plan (the Plan) to the Director for approval. The Plan shall identify and quantify the area of loss of woodland with moderate or high ecological value, and provide at least 1:1 compensatory woodland planting. The Plan shall include details on plant species selection, planting scheme and schedule, fire control, post-planting monitoring and maintenance, as well as setting of action targets. The Plan shall be prepared by a qualified ecologist/botanist and shall be certified by the ET Leader and verified by the IEC. All recommended measures as set out in the approved  Woodland Compensation Plan shall be fully and properly implemented.

 

 

Submission of Monitoring and Survey Plan for Golden-headed Cisticola

 

2.19     The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit four hard copies and one electronic copy of a Monitoring and Survey Plan for Golden-headed Cisticola to the Director for approval. The Monitoring and Survey Plan shall include an Action Plan in response to any irregularities identified. The Plan shall be prepared by a qualified ecologist/ornithologist and shall be certified by the ET Leader and verified by the IEC. All recommended measures as set out in the approved Monitoring and Survey Plan shall be fully and properly implemented.

 

 

Measure for Protection of Nesting Birds

 

2.20     The Permit Holder shall carry out precautionary checks by qualified ecologist(s) on the presence of nesting birds before any vegetation clearance in breeding season (February to July of every year). If nesting birds are found to be present, any vegetation clearance that may affect the nesting birds in the proximity shall not be carried out.

 

 

Measure for Protection of River Course

 

2.21     The Permit Holder shall design and construct the viaduct to span across the river course such that no structure, both temporary and permanent, would affect or impact on the water course in the works area, unless with the written approval of the Director.

 

 

            Measure to mitigate Landscape and Visual Impacts

 

2.22     The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, submit 6 hard copies and 3 electronic copies of Landscape & Visual Mitigation and Tree Preservation Plan(s), which shall be certified by the Registered Landscape Architect appointed under Condition 2.5, and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-198/2016) to the Director for approval.  All recommended measures as set out in the approved Landscape & Visual Mitigation and Tree Preservation Plan(s) shall be properly implemented and maintained for the Project.

 

2.23     The Landscape & Visual Mitigation and Tree Preservation Plan(s) shall include the protection/preservation/transplantation of existing trees, compensatory planting as well as new planting to mitigate landscape and visual impacts arising from the works of the Project, with clear indication of location, size, number/spacing and plant species, design details; implementation programme; maintenance and management schedules of the landscape and visual mitigation measures recommended in the EIA Report (Register No. AEIAR-198/2016).  All drawings shall be in the scale of 1:1000, or other appropriate scale as agreed by the Director.

 

 

Submission of Traffic Noise Mitigation Plan

 

2.24   The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit four hard copies and one electronic copy of Traffic Noise Mitigation Plan (the Plan) to the Director for approval. If there is any change proposed to the traffic noise mitigation measures in the approved Plan, the Permit Holder shall, no later than one month before the implementation of any such change, submit four hard copies and one electronic copy of an update to the Plan (the Updated Plan) to the Director for approval. The Plan or any Updated Plan shall demonstrate that the traffic noise performance requirements set out in the EIA report (Register No.: AEIAR-198/2016) will not be exceeded with the mitigation measures in place. All mitigation measures recommended in the approved Plan or approved Updated Plan shall be fully implemented and properly maintained.

 

 

Measures to mitigate Ecological Impacts from Noise Barriers

 

2.25     All noise barriers shall be opaque, non-transparent and non- reflective to minimize mortality impacts on birds, unless with the written approval of the Director.

 

 

 

3                    ENVIRONMENTAL MONITORING AND AUDIT REQUIREMENTS

 

3.1      The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements as set out in the EM&A Manual. Any changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval.

 

3.2      The Permit Holder shall take samples, measurements and necessary remedial actions in accordance with the requirements of the EM&A Manual by:

 

(i)                 conducting baseline environmental monitoring, including the baseline survey and monitoring of Golden-headed Cisticola as mentioned in Condition 2.19;

 

(ii)               conducting impact monitoring;

 

(iii)             carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

 

(iv)              logging and keeping records of the details of (i) to (iii) above for 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 the information for inspection on site.

 

3.3              The Permit Holder shall submit four hard copies and one electronic copy of relevant Baseline Monitoring Reports to the Director at least 1 month before the commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the Baseline Monitoring Reports shall be provided upon request by the Director.

 

3.4               The Permit Holder shall submit four hard copies and one electronic copy of Monthly EM&A Reports for the construction stage of the Project to the Director, within 2 weeks after the end of the reporting month.  The monthly EM&A Reports shall include an executive summary of all environmental audit results, together with actions taken in the event of non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels), complaints received and emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling).  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the Monthly EM&A Reports shall be provided upon request by the Director.

         

3.5         All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

3.6               To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated website to be set up by the Permit Holder under Condition 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

 

 

 

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.  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, JPEG or PDF 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, at least 2 weeks before the commencement of construction of the Project, set up a dedicated Internet website and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed.  All environmental monitoring data described in Condition 4.1 above shall be made available to the public via the abovementioned dedicated Internet website as mentioned in Condition 3.6. All finalized submissions and plans shall be made available to the public via the dedicated Internet website in the shortest possible time and in any event no later than 2 weeks after the submissions and plans are approved by or deposited with the Director, 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 until 3 years after the last EM&A report is uploaded, 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 environmental monitoring data and project information including the Project Profile and this Permit.  The Internet website shall have features capable of: 

 

(i)        providing access to all environmental monitoring data of this Project collected   since the commencement of construction;

 

(ii)               searching by date;

 

(iii)             searching by types of monitoring data; and

 

(iv)             hyperlinking to relevant monitoring data after searching;

 

or otherwise as agreed by the Director.

 

 

Notes:

註：

 

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 shall 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 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.

           

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環境許可證的條件。許可證持有人須將經修改的許可證替換在建造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 Project may, before he assumes responsibility of the Project, 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、更改或取消環境許可證。遭暫時吊銷、更改或取消的環境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 the construction 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 a designated project listed in Part 1 and 2 of Schedule 2 of the EIAO without a valid environmental permit.

 

如果本許可證在工程項目建造期間取消或交回，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環評條例附表2第1及2部所列明的指定工程項目，即屬犯罪。

 

7.         Any person who constructs 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持續性質，則法院或裁判官可就其信納該罪行持續的每天另處罰款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-534/2017

環境許可證編號:EP-534/2017

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