Environmental
Permit No. EP-541/2017
環境許可證編號 EP-541/2017
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 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 HIGHWAYS 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路政署 (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-541/2017 |
|
Documents
in the Register: 登記冊上的文件： |
(1)
Flyover from Kwai Tsing Interchange Upramp to Kwai Chung Road : (Register
No.: AEIAR–190/2015) - Environmental
Impact Assessment Report [Hereinafter referred to as the “EIA
Report”] -
Environmental Impact
Assessment Executive Summary [Hereinafter referred to as the “EIA
Executive Summary”] -
Environmental Monitoring and
Audit Manual [Hereinafter referred to as the
“EM&A Manual”] 連接葵青交匯處上斜路至葵涌道的天橋 ： （登記冊編號：AEIAR–190/2015） -
環境影響評估報告 [下稱「環評報告」] -
環境影響評估行政摘要 [下稱「環評行政摘要」] -
環境監察及審核手冊 [下稱「環監手冊」] |
|
|
(2) The
Director’s letter of approval of the EIA Report dated 3 August 2015 (Reference: Ax(1) to EP2/N3/A/60) 署長於2015年8月3日發出批准環評報告的信件 (檔案編號: Ax(1)
to EP2/N3/A/60) (3)
Application for environmental permit submitted by the Permit Holder on
12 July 2017
(Application No.: AEP-541/2017) 許可證持有人於
2017年7月12日提交的環境許可證 申請 (申請書編號：AEP-541/2017) |
2 August
2017
2017年8月2日
|
Date 日期 |
|
(Tony W.H.
CHEUNG) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任張偉雄代行) |
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 |
Flyover
from Kwai Tsing Interchange Upramp
to Kwai Chung Road [Hereinafter referred to as "the
Project"] [本指定工程項目下稱「工程項目」] |
|
Nature of Designated Project |
Construction and operation of a road bridge more
than 100m in length between abutments 建造及營辦一條在橋台之間長度超過100米的行車橋樑。 |
|
Location of Designated Project 指定工程項目的地點 |
From Tsuen Wan Road to Kwai
Chung Road. The location of the Project is
shown in Figure 1 attached to this Permit. 由荃灣路至葵涌道。 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
and Operation of : 建造及營辦： (i) an
additional southbound lane from the west side of elevated Tsuen Wan Road to
at-graded Kwai Chung Road; 一條由高架荃灣路(西面)至葵涌道地面的新建南行車道； (ii) a widened section on the east side of
elevated Tsuen Wan Road connecting Kwai Tsing
Interchange upramp; 一段連接葵青交匯處上斜路之高架荃灣路(東面)的擴闊路段； (iii) modification of Kwai
Chung Road; 改建部分葵涌道的走線； (iv) provision of noise mitigation measures; 提供噪音緩解措施； (v) demolition and re-provision of the existing
footbridge NF303; and 拆卸及重置現有行人天橋NF303；及 (vi) ancillary works including other associated road
works, utilities diversion, street furniture and traffic aids, public
lighting, drainage, landscaping, electrical and mechanical works. 附屬工程，包括其他相關道路工程、公用事業設施改道、街道設施及交通輔助設施、街燈、排水、景觀美化、電力及機械工程。 |
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 relevant recommendations described in the EIA Report (Register
No.: AEIAR-190/2015), the application documents for Environmental Permit (Application No. AEP-541/2017), 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
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 or otherwise agreed by
the Director.
1.8 All submissions, as required under this Permit, shall be
rectified and resubmitted in accordance with the comments, if any, made by the Director
within 1 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 EIAO. 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 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.
1.13 For the purpose of this Permit, “commencement of construction”
does not include works related to site clearance and preparation, or other
works as agreed by the Director.
1.14 The Permit Holder shall notify
the Director in writing the commencement date of operation of the Project no
later than 1 month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of
operation.
2. Specific
Conditions
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 1 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 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 EM&A Manual of
the Project. 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-190/2015) and this Permit. The ET Leader shall notify the IEC within 1
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-190/2015) and this Permit or by the
Director or his authorized officers.
Failure to maintain records in the log-book, failure to discharge the
duties of the ET Leader as defined in the EM&A Manual or failure to comply
with this Condition would entitle the Director to require the Permit Holder by
notice in writing to replace the ET Leader. Failure by the Permit Holder to make
replacement or further failure to keep contemporaneous records in the log-book
despite the employment of a new ET Leader may render the Permit liable to suspension,
cancellation or variation.
2.2 An IEC shall be employed by the Permit Holder no later than 1
month 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 EM&A Manual and shall audit the overall EM&A
performance, including the implementation of all environmental mitigation
measures, submissions required in the EM&A Manual, and any other
submissions required under this Permit. In addition, the IEC shall be responsible for
verifying the environmental acceptability of permanent and temporary works, relevant
design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned
in Condition 2.1 of this Permit. The IEC
shall notify the Director by fax or email, within 1 working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the EIA Report (Register No. AEIAR-190/2015) and this Permit, which may affect the monitoring or
control of adverse environmental impacts from the Project. In the case where the IEC fails to notify the
Director of the same, fails to discharge the duties of the IEC as defined in
the EM&A Manual or fails to comply with this Condition, the Director may
require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or
further failure to so notify the Director despite employment of a new IEC may
render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same
as notification by the IEC for the purpose of this Condition.
Submission of Management Organizations
2.3 The Permit Holder
shall, no later than 1 month before the commencement of construction of the
Project, inform the Director in writing the management organization of the main
construction companies and/or any form of joint ventures associated with the
construction of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Submission of Landscape Plan
2.4 The Permit Holder
shall, at least 1 month before the commencement of construction of the Project,
deposit with the Director 4 hard copies and 4 electronic copies of a Landscape
Plan. The Landscape Plan shall set out
details on the arrangement of existing trees on site, including measures for
tree protection, tree transplant and compensatory tree proposal; and show the
implementation programme, maintenance and management
schedules, and drawings in an appropriate scale. Before submission to the Director, the Landscape
Plan shall be certified by the ET Leader and verified by the IEC as conforming
to the relevant information and recommendations contained in the approved EIA
Report (Register No. AEIAR-190/2015). All landscape 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.
Submission of Traffic Noise Mitigation Plan
2.5 The Permit Holder shall, no later than 1
month before the commencement of construction of the Project, deposit with the
Director 4 hard copies and 2 electronic copies of a Traffic Noise Mitigation Plan
(the Plan) to show clearly the locations, dimensions and
implementation programme of the required traffic noise
mitigation measures for the Project. If there
is any change proposed to the traffic noise mitigation measures in the Plan, the Permit Holder
shall, no later than 1 month before the implementation of any such change, deposit
with the Director 4 hard copies and 2 electronic copies of an update to the
Plan (the Updated Plan) to show clearly the proposed change(s). The Plan or any Updated Plan shall be
certified by the ET Leader and verified by the IEC with demonstration that the
traffic noise performance requirements set out in the EIA Report (Register No. AEIAR-190/2015) will not be exceeded
with the mitigation measures in place.
All mitigation measures recommended in the Plan or any Updated Plan
shall be fully implemented and properly maintained throughout the operational
phase(s) of the Project.
3. Environmental
Monitoring and Audit Requirements
3.1
The EM&A programme
shall be implemented in accordance with the procedures and requirements as set
out in the EM&A Manual (Register No.: AEIAR-190/2015) of the Project. Any
changes to the EM&A requirements or programme shall be justified by the ET
Leader and verified by the IEC as conforming to the relevant requirements set
out in the EM&A Manual of the Project 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 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 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 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
3 hard copies and
3 electronic copies 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 EM&A Manual before submission to the
Director. Additional copies of the
submission shall be provided upon request by the Director.
3.5
All EM&A data and results 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-541/2017
環境許可證編號EP-541/2017
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