Environmental Permit No

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

A Rooftop Helipad at New Acute Hospital at Kai Tak Development Area

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

啟德發展區新急症醫院天台直升機坪

[本指定工程項目下稱 “工程項目”]

Nature of Designated Project
指定工程項目的性質

A helipad within 300 m of existing or planned residential development

在現有的或計劃中的住宅發展300米內的直升機升降場

Location of Designated Project

指定工程項目的地點

The Project is located at rooftop of the New Acute Hospital at Kai Tak Development Area. The location of the Project is shown in Figure 1 of this Permit.

工程項目位於啟德發展區新急症醫院的天台。工程項目的位置載於本許可證圖1。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project is to construct and operate a helipad solely for medical emergency purposes, which mainly comprises:

(i) A helipad structure (approximately 30 metres in diameter); and

(ii) Other associated structures and utilities, etc.

工程項目包括建造及營辦一個只供緊急醫療服務的直升機坪，主要組成部分為：

(i) 一個直升機坪結構(直徑約30米) ；及

(ii) 其他有關結構及設施等

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder and any person constructing or operating 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 and any person constructing or operating the Project shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 this Permit readily available at all times for inspection by the Director or his authorised officers at all sites covered by this Permit. Any reference to this Permit shall include all documents referred to in this 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 this 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 construction 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 this Permit, including any amended Permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of this 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 construction site(s).

1.6 The Permit Holder and any person constructing or operating the Project shall construct and operate the Project in accordance with the project description in Part B of this Permit.

1.7 The Permit Holder and any person constructing or operating the Project shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No.: AEIAR-224/2020); the application documents for environmental permits; other relevant document 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 (Cap. 499). All submissions or any variation of 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 this Permit.

1.10 The Permit Holder shall release all finalised 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 means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 The Permit Holder shall submit and / or deposit all submissions within the time as specified in the Conditions of this Permit. 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 finalised 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

Employments and Submission before Construction of the Project

Employment of Environmental Team (ET)

2.1 An 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 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.

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

(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 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-224/2020) and this Permit; and

(v) keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report (Register No. AEIAR-224/2020) and this Permit. 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-224/2020) and this Permit or by the Director or his authorised 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 this Permit liable to suspension, cancellation or variation.

Employment of Independent Environmental Checker (IEC)

2.4 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.

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

(i) auditing the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site, submissions required in the EM&A Manual, and any other submissions required under this Permit;

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

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

(iv) notifying 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 or potential 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-224/2020), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project;

(v) liaising closely with the Director;

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

(vii) offering objective and professional advice on environmental issues, when requested, and to respond to questions and enquires 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) allocating 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 despite employment of a new IEC may render this 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.

Management Organisation of Main Construction Companies

2.7 The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, inform the Director in writing the management organisation of the main construction companies and/or any form of joint ventures associated with the Project. The submitted information shall include at least an organisation chart, names of responsible persons and their contact details.

Submissions and Measures Before and During Operation of the Project

Submission of Operational Helicopter Noise Mitigation Measures Plan

2.8 The Permit Holder shall, no later than 3 months prior to the implementation of the operational helicopter noise mitigation measures for the Project, deposit with the Director 5 hard copies and 1 electronic copy of an Operational Helicopter Noise Mitigation Measures Plan (OHNMMP). The OHNMMP shall cover the details of the following noise mitigation requirements unless otherwise agreed by the Director:

(i) noise barrier and noise reducers as recommended in the EIA Report (Register No. AEIAR-224/2020);

(ii) helicopter type of “Airbus H175” as recommended in the EIA Report (Register No. AEIAR-224/2020), or other quieter helicopter(s) shall be used in the Project; and

(iii) no helicopter flight shall be operated for the purpose of commercial operations, training flights, transportation of guests, or other non-emergency uses (except for trial flights).

The OHNMMP shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the operational noise mitigation measures. In case of any change in the proposed mitigation measures recommended in the EIA Report (Register No. AEIAR-224/2020), the OHNMMP shall also include an updated assessment in accordance with the updated information and mitigation proposals in place to demonstrate the environmental acceptability. All mitigation measures recommended and requirements specified in the OHNMMP including the implementation schedule shall be fully implemented. Before submission to the Director, the OHNMMP 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-224/2020) and all relevant documents in the Register.

Submission of Helicopter Flight Plan for Controlling Noise Impact and Hazard to Life

2.9 The Permit Holder shall no later than 1 month before the commencement of operation of the Helipad deposit with the Director 6 hard copies and 1 electronic copy of a Helicopter Flight Plan which shall include among others the following information:

(i) a detailed flight profile with geographic coordinates;

(ii) figure(s) showing the restricted ranges of approach/taking-off flight paths and angles; and

(iii) a detailed implementation programme for the proposed flight profile.

The flight plan 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-224/2020) and shall be fully implemented.

3 Environmental Monitoring and Audit (EM&A) 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 EM&A requirements or programme or termination of 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 implement the following measures in accordance with the requirements of the EM&A Manual:

(i) conducting environmental site audits in accordance with the time frame set out in the E&MA Manual;

(ii) carrying out remedial actions described in the EM&A Manual; and

(iii) logging and keeping records of the details of (ii) 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 1 hard copy and 1 electronic copy of Monthly EM&A Reports for the construction stage of the Project to the Director, within 10 working days 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, complaints received and emergency events relating to violation of environmental legislation. 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.

3.4 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 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 contents 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 authorised 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 authorised 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 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 this 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-579/2020

環境許可證編號 EP-579/2020

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