Environmental Permit No. EP-544/2017

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ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

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ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT

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PART A (MAIN PERMIT)

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Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Home Affairs Bureau (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 :-

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Application No. ¥Ó½Ð®Ñ½s¸¹

AEP-544/2017

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(1) Kai Tak Multi-purpose Sports Complex (Register No.: AEIAR-204/2017) - Environmental Impact Assessment Report (August 2016) [Hereinafter referred to as the ¡§EIA Report¡¨] - Environmental Monitoring and Audit Manual (August 2016) [Hereinafter referred to as the ¡§EM&A Manual¡¨] - Executive Summary (August 2016) [Hereinafter referred to as the ¡§EIA Executive Summary¡¨] ±Ò¼wÅé¨|¶é°Ï (µn°O¥U½s¸¹: AEIAR-204/2017) - Àô¹Ò¼vÅTµû¦ô³ø§i (2016¦~8¤ë) [¤UºÙ¡uÀôµû³ø§i¡v] - Àô¹ÒºÊ¹î¼f®Ö¤â¥U (2016¦~8¤ë) [¤UºÙ¡uÀôºÊ¤â¥U¡v] - ¦æ¬FºKn (2016¦~8¤ë) [¤UºÙ¡uÀôµûºKn¡v] (2) The Director¡¦s letter of approval of the EIA Report dated 6 January 2017 referenced (29) in EP2/K19/O/28 Pt.3 ¸pªø©ó2017¦~1¤ë6¤éµo¥X§åãÀôµû³ø§iªº«H¥ó¡AÀÉ®×½s¸¹: (29) in EP2/K19/O/28 Pt.3 (3) Application for an environmental permit submitted by the Permit Holder on 21 August 2017 (Application No.: AEP-544/2017) ³\¥iÃÒ«ù¦³¤H©ó2017¦~8¤ë21¤é´£¥æªºÀô¹Ò³\¥iÃҥӽР(¥Ó½Ð®Ñ½s¸¹: AEP-544/2017)

8 September 2017

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Date ¤é´Á

(Tony W.H. CHEUNG) Principal Environmental Protection Officer for Director of Environmental Protection Àô¹Ò«OÅ@¸p¸pªø (º®uÀô¹Ò«OÅ@¥D¥ô±i°¶¶¯¥N ¦æ)

PART B ( DESCRIPTIONS OF DESIGNATED PROJECT(S) )

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Hereunder is the description of the designated project(s) mentioned in Part A of this environmental permit :-

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Title of Designated Project(s) «ü©w¤uµ{¶µ¥Øªº¦WºÙ	Kai Tak Sports Park [This designated project is hereinafter referred to as "the Project"] ±Ò¼wÅé¨|¶é [³o«ü©w¤uµ{¶µ¥Ø¤UºÙ¡§¤uµ{¶µ¥Ø¡¨]
Nature of Designated Project(s) «ü©w¤uµ{¶µ¥Øªº©Ê½è	An open air concert venue with a capacity to accommodate more than 10,000 persons. ¥i®e¯Ç¶W¹L10,000¤HªºÅS¤Ñµ¼Ö·|³õ¦a¡C An outdoor sporting facility with a capacity to accommodate more than 10,000 persons. ¥i®e¯Ç¶W¹L10,000¤Hªº¤á¥~¹B°Ê³]¬I¡C
Location of Designated Project(s) «ü©w¤uµ{¶µ¥Øªº¦aÂI	The Project is located in the North Apron area of the Former Kai Tak Airport. The location of this Project is shown in Figure 1 attached to this Permit. ¤uµ{¶µ¥Ø¦ì©ó±Ҽw¾÷³õ¥_±°±¾÷©W¡C¤uµ{¶µ¥Øªº¦ì¸m¨£¸ü©ó¥»³\¥iÃÒ§¨ªþªº¹Ï1¡C
Scale and Scope of Designated Project(s) «ü©w¤uµ{¶µ¥Øªº³W¼Ò©M½d³ò	Construction and operation of the following key elements: «Ø³y¤ÎÀç¿ì¥H¤Uªº¥Dn³¡¥÷: (i) a Main Stadium; ¤@Ó¥D³õÀ]; (ii) a Public Sports Ground; ¤@Ó¤½²³¹B°Ê³õ; (iii) an Indoor Sports Centre; and ¤@ӫǤºÅé¨|À];¤Î (iv) other ancillary/supporting facilities such as car parks, retail, food and beverage outlets, an office building and a hotel. ¨ä¥LªþÄÝ¡þ°t®M³]¬I¡A¦p°±¨®³õ¡B¹s°â©MÀ\¶¼©±¾Q¡B¿ì¤½¤j¼Ó©M°s©±¡C

PART C (PERMIT CONDITIONS)

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) 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.

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.

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.

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).

1.6 The Permit Holder shall construct and operate the Project in accordance with the project description 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 approved EIA Report (Register No.: AEIAR-204/2017), the application documents for Environmental Permit (Application No.: AEP-544/2017), 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 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 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 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 2.2 and 2.5 below, before submitting to the Director under this 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, 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.

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

Submissions and Measures before Commencement of Construction of the Project

Employment of Environmental Team (ET)

2.1 A single full time on-site ET, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall be directly supervised by the Engineer¡¦s Representative of the Permit Holder (ER) and shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project. The Permit Holder shall provide a site office to the ET for use. The ET shall be headed by a full time on-site 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.

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;

(ii) certifying the environmental acceptability of permanent and temporary works, relevant design 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-204/2017) 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-204/2017) and this Permit or by the Director or his authorized officers.

2.3 Failure to maintain records in the log-book or failure to discharge the duties of the ET Leader as defined in the EM&A Manual of the Project or in this Permit 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 IEC

2.4 A single IEC with a supporting team, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC and his team shall not be in any way an associated body of the ER, the Contractor or the ET for the Project. The IEC shall be approved by the Director before appointment by the Permit Holder. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

2.5 The IEC shall report directly to the Director and 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 design 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) of this Permit;

(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 team, of each and every change of circumstances, emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling) 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-204/2017), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition;

(v) to liaise closely with the Director;

(vi) to accompany the Director in carrying out site inspections and to offer objective and professional advice on environmental issues when requested; and

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

2.6 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 to so notify the Director under Condition 2.5 (iv) of this Permit despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.

Employment of Registered Landscape Architect

2.7 The Permit Holder shall, no later than one month before the commencement of the construction of the Project, appoint a Registered Landscape Architect to carry out work relating to landscape aspects including but not limited to auditing the implementation of landscape mitigation measures to ensure compliance with the recommendations of the approved EIA Report (Register No. AEIAR-204/2017) and to certify submissions for the Project as required under Conditions 2.10 and 2.11 of this Permit. The qualification and experience of the Registered Landscape Architect shall be certified by the ET Leader and verified by the IEC.

Submission of Management Organization(s)

2.8 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, 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 his supporting team.

Community Liaison Hotline

2.9 A hotline shall be set up prior to the commencement of construction and shall be operated during the construction of the Project to handle complaints, comments, suggestions or requests for information from the public. The Permit Holder shall notify the Director the date of setting up the hotline and the contact details of the hotline at least two weeks before the commencement of construction of the Project. The contact details of the hotline shall be made available to the public via the dedicated website to be set up by the Permit Holder as described in Condition 4.2 of this Permit.

Submission of Landscape and Visual Mitigation Plan(s)

2.10 The Permit Holder shall, no later than one month before the commencement of construction of the Project or otherwise approved by the Director, submit five hard copies and one electronic copy of Landscape and Visual Mitigation Plan(s) (the LVMP) to the Director for approval. The LVMP shall include details, implementation programme, maintenance and management schedules, and drawings in an appropriate scale of the required landscape and visual mitigation measures for the Project.

2.11 If there are any change(s) (e.g. change(s) arising from the submissions under the Town Planning Ordinance) to the landscape and visual mitigation measures in the LVMP, the Permit Holder shall, no later than one month before the implementation of such change(s), submit five hard copies and one electronic copy of an update to the LVMP (the Updated LVMP) to the Director for approval. The Updated LVMP shall show clearly the proposed change(s). Before submission to the Director, the LVMP or any Updated LVMP shall be certified by the Registered Landscape Architect and the ET Leader, and verified by the IEC as conforming to the relevant information and recommendations on landscape and visual mitigation measures contained in the approved EIA report (Register No. AEIAR-204/2017), and the requirements on planting and landscape design as set out in the relevant condition of approval of the EIA report (Register No. AEIAR-204/2017), or otherwise approved by the Director. All landscape and visual mitigation measures recommended in the LVMP or any Updated LVMP shall be fully implemented. The Permit Holder shall make available additional copies of the LVMP or any Updated LVMP to the Director upon his request.

2.12 The Permit Holder shall submit the relevant part(s) of the LVMP or any Updated LVMP relating to the requirements on planting and landscape design as set out in the relevant condition of approval of the EIA report (Register No. AEIAR-204/2017), as certified by the Registered Landscape Architect and the ET Leader and verified by the IEC under Condition 2.11 of this Permit, to the Advisory Council on the Environment (ACE) for comment prior to the submission to the Director for approval.

Submission of Grass Management Plan(s)

2.13 The Permit Holder shall, no later than one month before the commencement of construction of the Project or otherwise approved by the Director, submit five hard copies and one electronic copy of Grass Management Plan(s) (the GMP) to the Director for approval. The GMP shall include details, implementation programme, maintenance and management schedules, and drawings in an appropriate scale on grass management for the Project.

2.14 If there are any change(s) to the GMP, the Permit Holder shall, no later than one month before the implementation of such change(s), submit five hard copies and one electronic copy of an update to the GMP (the Updated GMP) to the Director for approval. The Updated GMP shall show clearly the proposed change(s). Before submission to the Director, the GMP or any Updated GMP shall be certified by the ET Leader and verified by the IEC as conforming to the requirements on grass management as set out in relevant conditions of approval of the EIA report (Register No. AEIAR-204/2017), or otherwise approved by the Director. All measures recommended in the GMP or any Updated GMP shall be fully implemented. The Permit Holder shall make available additional copies of the GMP or any Updated GMP to the Director upon his request.

2.15 The Permit Holder shall submit the GMP or any Updated GMP as certified by the ET Leader and verified by the IEC under Condition 2.14 of this Permit, to the ACE for comment prior to the submission to the Director for approval.

Submission of Air Quality Management Plan(s)

2.16 The Permit Holder shall, no later than one month before the commencement of construction of the Project or otherwise approved by the Director, submit three hard copies and one electronic copy of Air Quality Management Plan (the AQMP) Part 1 and AQMP Part 2 to the Director for approval. The AQMP Part 1 shall include details, implementation programme, maintenance and management schedules of the required air quality mitigation measures for the Project. The AQMP Part 2 shall include details on the application and implementation of the best practicable means (BPM) for enhancing air quality for the venue users of the Kai Tak Sports Park.

2.17 If there are any change(s) to the air quality mitigation measures in the AQMP Part 1, the Permit Holder shall, no later than one month before the implementation of such change(s), submit three hard copies and one electronic copy of an update to the AQMP Part 1 (the Updated AQMP Part 1) to the Director for approval. The Updated AQMP Part 1 shall show clearly the proposed change(s). Before submission to the Director, the AQMP Part 1 or any Updated AQMP Part 1 shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations on air quality mitigation measures contained in the approved EIA report (Register No. AEIAR-204/2017), and the requirements on the establishment of electric vehicle charging facilities as set out in the relevant condition of approval of the EIA report (Register No. AEIAR-204/2017), or otherwise approved by the Director. All mitigation measures recommended in the AQMP Part 1 or any Updated AQMP Part 1 shall be fully implemented. The Permit Holder shall make available additional copies of the AQMP Part 1 or any Updated AQMP Part 1 to the Director upon his request.

2.18 If there are any change(s) to the BPM in the AQMP Part 2, the Permit Holder shall, no later than one month before the implementation of such change(s), submit three hard copies and one electronic copy of an update to the AQMP Part 2 (the Updated AQMP Part 2) to the Director for approval. The Updated AQMP Part 2 shall show clearly the proposed change(s). Before submission to the Director, the AQMP Part 2 or any Updated AQMP Part 2 shall be certified by the ET Leader and verified by the IEC as conforming to the requirements on the BPM for enhancing air quality for venue users as set out in the relevant condition of approval of the EIA report (Register No. AEIAR-204/2017). All BPM recommended in the AQMP Part 2 or any Updated AQMP Part 2 shall be fully implemented. The Permit Holder shall make available additional copies of the AQMP Part 2 or any Updated AQMP Part 2 to the Director upon his request.

Submission of Noise Mitigation Plan(s)

2.19 The Permit Holder shall, no later than one month before the commencement of construction of the Project or otherwise approved by the Director, deposit with the Director three hard copies and one electronic copy of Noise Mitigation Plan(s) (the NMP). The NMP shall include details, implementation programme, maintenance and management schedules of the required noise mitigation measures for the Project.

2.20 If there are any change(s) to the noise mitigation measures in the NMP, the Permit Holder shall, no later than one month before the implementation of such change(s), deposit with the Director three hard copies and one electronic copy of an update to the NMP (the Updated NMP). The Updated NMP shall show clearly the proposed change(s). Before submission to the Director, the NMP or any Updated NMP shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations on noise mitigation measures contained in the approved EIA report (Register No. AEIAR-204/2017), or otherwise approved by the Director. All noise mitigation measures recommended in the NMP or any Updated NMP shall be fully implemented. The Permit Holder shall make available additional copies of the NMP or any Updated NMP to the Director upon his request.

Submission of Stormwater Re-use Management Plan(s)

2.21 If natural turf is used as the default playing surface at the Main Stadium or the Public Sports Ground, the Permit Holder shall, no later than one month before the commencement of construction of the Project or otherwise approved by the Director, deposit with the Director three hard copies and one electronic copy of Stormwater Re-use Management Plan(s) (the SRMP). The SRMP shall include details, implementation program, maintenance and management schedules of the required water quality mitigation measures for the Project.

2.22 If there are any change(s) to the water quality mitigation measures in the SRMP, the Permit Holder shall, no later than one month before the implementation of such change(s), deposit with the Director three hard copies and one electronic copy of an update to the SRMP (the Updated SRMP). The Updated SRMP shall show clearly the proposed change(s). Before submission to the Director, the SRMP or any Updated SRMP shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations on water quality mitigation measures contained in the approved EIA report (Register No. AEIAR-204/2017), or otherwise approved by the Director. All mitigation measures recommended in the SRMP or any Updated SRMP shall be fully implemented. The Permit Holder shall make available additional copies of the SRMP or any Updated SRMP to the Director upon his request.

Measures to be implemented during Construction of the Project

Barging of Construction and Demolition Materials (C&DM)

2.23 The barging of C&DM for this Project shall use the existing Kai Tak Barging Facility (KTBF), or otherwise approved by 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 EM&A Manual (Register No. AEIAR¡V204/2017) of the Project. Any major changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the relevant requirements as set out in the 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 EM&A Manual by:

(a) conducting baseline environmental monitoring;

(b) conducting impact monitoring;

(c) carrying out remedial actions described in Event/Action Plans of the EM&A Manual (Register No. AEIAR¡V204/2017) in accordance with the time frames set out in Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

(d) logging and keeping records of details of all parameters within 3 working days of 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 one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before 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 made available to the Director upon his request.

3.4 Three hard copies and one electronic copy of the monthly EM&A Report shall be submitted to the Director within 10 working days after the end of each reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the approved EIA Report (Register No. AEIAR¡V204/2017) or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of submission 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.

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 hardcopies as described in Conditions 3.3 and 3.4 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 hardcopies.

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 information 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 until two months after the last EM&A report is uploaded, or otherwise 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 and project information 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 works 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 the responsibility for the whole or a part of the designated project(s) may, before he assumes responsibility of the designated project(s), 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-544/2017

Àô¹Ò³\¥iÃÒ½s¸¹¡GEP-544/2017

| Figure 1 |

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