Further Environmental Permit No.FEP-01/032/1999
新 的 許 可 證 編 號 FEP-01/032/1999

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

PART A (MAIN PERMIT)
A部 (許 可 證 主 要 部 分)

Pursuant to Section 12 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this Further Environmental Permit to the CARLYLE INTERNATIONAL LIMITED (the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions described in or attached to Part C. The issue of this Further Environmental Permit is based on the documents, approvals or permissions described below :

根 據 環 境 影 響 評 估 條 例 第 12條 的 規 定 ﹐ 環 境 保 護 署 署 長 (署 長) 將 本 新 的 環 境 許 可 證 批 予 CARLYLE INTERNATIONAL LIMITED (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 說 明 或 附 載 的 條 件 。 本 新 的 環 境 許 可 證 的 發 出 ﹐ 乃 以 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ﹕ -

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 Further Environmental Permit (the Permit):

下 列 為 本 新 的 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 :

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this Further Environmental Permit (the Permit). Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or Permit cancellation where applicable.

1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354), and others.

1.3 The Permit Holder shall make copies of this Permit as well as EIA Report (Register No. AEIAR-009/1999) and EM&A Manual available at all times for inspection by the Director at all the sites covered by this Permit.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s).

1.5 The Permit Holder shall display a copy of this Permit on the construction site(s) at all vehicular site entrances/exits and at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Further Environmental 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 of Environmental Protection shall also be displayed together with the original Permit.

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 recommendations contained in the EIA Report. [Register No. AEIAR-009/1999].

1.8 All deposited submissions, as required under this Permit, shall be rectified 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 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public, if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.

2. Submission or Measures before commencement of surcharging works

2.1 The Permit Holder shall notify the Director in writing at least 7 days before the commencement of surcharging works.

2.2 An Environmental Team (ET) shall be established before the commencement of surcharging works. The ET shall be headed by a team leader who has at least 7 years' experience in environmental monitoring and auditing (EM&A) or environmental management. 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.

2.3 The Permit Holder shall employ an Independent Environmental Checker (IEC) before the commencement of surcharging works. The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission required under this Permit.

2.4 The Permit Holder shall deposit with the Director 3 copies of the implementation schedule and plans, of scale 1 in 500 or other reasonable scale, showing the scope, locations and timing of the construction works and mitigation measures to be carried out within the work site boundaries, at least 2 weeks before the commencement of surcharging works. The submission shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report. Additional copies may be required by the Director. The Permit Holder shall implement fully all measures recommended in the implementation schedule and plans deposited with the Director.

2.5 The Permit Holder shall submit to the Director for approval, at least 2 weeks before the commencement of surcharging works, 3 copies of a document confirming the environmental impacts of the proposed increase in surcharge fill by an amount of 90,000 cu. m. and any additional measures required. Any additional measures shall be implemented.

2.6 Any changes to the measures in Section 2 of this Part of the Permit shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the monthly EM&A report to be submitted immediately after the verification.

3. Specific Measures during Construction of the Project

3.1 The transport of sand and public fill to site for the surcharging works shall be restricted by barge only.

3.2 A 3m tall noise barrier (as shown in Figure 2 attached to this Permit; and as submitted under S.2.4 of Environmental permit No. EP-032/1999) that has been erected on site shall be properly in place until all relevant noisy construction activities have been completed, subject to the approval of the Director.

3.3 Any temporary access road for the transport of construction related materials including construction waste and spoils to and from the site shall not be constructed.

3.4 The schedule as shown in Appendix 1 for carrying out the advance works (ref. Table 4.11a of Volume 1A of the EIA Report (Register No. AEIAR-009/1999)) shall be adopted.

3.5 The types and quantities of equipment to be used on site for the advance works shall be restricted in accordance with the requirements set out in Appendix 2 (ref. Appendix 5.1 of Volume 1B of the EIA Report (Register No. AEIAR-009/1999)).

3.6 Any changes to the measures in Section 3 of this Part of the Permit shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the monthly EM&A report to be submitted immediately after the verification.

4. Environmental Monitoring and Auditing Requirements

4.1 The Permit Holder shall implement the EM&A programme as set out in the EM&A Manual. Any changes to the programme shall be justified by the IEC and be approved by the Engineer as conforming to the requirements set out in the EM&A Manual before submission to the Director for approval.

4.2 Air quality and noise samples and measurements shall be taken in accordance with the requirements of the EM&A Manual by :

(a) conducting air quality and noise baseline monitoring at specified locations and frequencies;

(b) conducting air quality and noise impact monitoring at specified locations and frequencies;

(c) carrying out remedial actions, in cases where specified criteria in the EM&A Manual are exceeded, in accordance with the Event and Action Plan as set out in the EM&A Manual; and

(d) logging and keeping detailed records of (a) and (b) above, within 3 working days after collection of data or completion of remedial action, for the preparation and submission of the EM&A Reports and to make available the information for inspection on site.

4.3 5 copies of Baseline Monitoring Report (as required in Section 4.2(a) of this Part of the Permit), verified by the ICE, shall be submitted to the Director before the commencement of any major construction works that would affect the impact monitoring results (as required in Section 4.2(a) of this Part of the Permit). Additional copies of the Baseline Monitoring Report may be required by the Director.

4.4 5 copies of monthly EM&A Report, verified by the ICE, shall be submitted to the Director, within 10 working days after the last day of each reporting month, or by other means as specified by the Director. Additional copies of the monthly EM&A Report may be required by the Director. 5 copies of Quarterly EM&A Report, verified by the ICE, shall be submitted to the Director, within 10 working days after the last day of each reporting quarter, or by other means as specified by the Director. Additional copies of the Quarterly EM&A Report may be required by the Director.

4.5 5 copies of Final EM&A Report, verified by the ICE, shall be submitted to the Director within 20 working days, after the last day of construction work, or by other means as specified by the Director. Additional copies of the Final EM&A Report may be required by the Director.

4.6 The submitted reports, as required in this Part of the Permit, shall be rectified in accordance with the comments made by the Director, within one month of receipt of the Director's comments, or otherwise specified by the Director.

4.7 The actions described in the Event and Action Plans of the EM&A Manual shall be carried out, in accordance with the time frame as set out in the Event and Action Plans, or as agreed by the Director.

4.8 The measures described in the EM&A Manual and monthly EM&A Reports shall be implemented.

Remarks:

1. This Further Environmental Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

2. The Permit Holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this Environmental Permit. The Permit Holder shall display the new version of the Permit on the construction site.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under section 12 of the Ordinance to the Director for a further Environmental Permit. The Permit Holder shall display the new version of the Permit on the construction site.

4. Under section 14 of the Ordinance, the Director with the consent of the Secretary for Planning, Environment and Lands, may suspend, vary or cancel this Permit. The Permit shall then be removed from display on the construction site.

5. If this Permit is cancelled or surrendered during the construction or operation of the Project, another Environmental Permit must be obtained under the Ordinance before the construction or operation of the Project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without a valid Environmental Permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

Appendix 1

The following schedule for the advance works has to be read in conjunction with Fig.2 attached to this Permit.

Notes:
Act 1 (Activity 1) - Site clearance; Act 2 (Activity 2) - Pre-drilling and installation of band drains; Act 3 (Activity 3) - Importation and deposition of sand fill; Act 4 (Activity 4) - Importation and deposition of public fill; Act 5 (Activity 5) - Surcharging period; Act 6 (Activity 6) - Disposal of surplus material; and Act 7 (Activity 7) - Construction of box culvert (in Site 1).

Appendix 2