Further Environmental Permit No.FEP-02/034/2000
新 的 環 境 許 可 證 編 號 FEP-02/034/2000

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 12

環 境 影 響 評 估 條 例
(第 499章 )
第 12條

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT A PART OF THE
DESIGNATED PROJECT
就 建 造 指 定 工 程 項 目 其 中 部 分 而 發 出 新 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 BALFOUR BEATTY - ZEN PACIFIC JOINT VENTURE (the "Permit Holder") to construct a part of 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 BALFOUR BEATTY - ZEN PACIFIC JOINT VENTURE (許 可 證 持 有 人 )以 建 造 B部 所 說 明 的 指 定 工 程 項 目 其 中 部 分 ， 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 (DESCRIPTION OF THE PART OF THE DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 本 部 分 的 說 明 )

Hereunder is the description of the part of the designated project mentioned in Part A of this further environmental permit :-

下 列 為 本 新 的 環 境 許 可 證 A部 所 提 述 的 指 定 工 程 項 目 本 部 分 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 with this Permit 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 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 available at all times for inspection by the Director at all 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 for public information at all times. The Permit Holder shall ensure that the most updated information about the 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 at the same locations as the original Permit.

1.6 A copy of the EIA Report, and a copy of the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance, shall be kept in the Permit Holder's site representative's office and another copy shall be kept in the Contractor's office on site for reference.

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

1.8 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance.

1.9 This Permit shall not remove the responsibility of any person to comply with the conditions set out in Part C of the Environmental Permit No. EP-034/1999 or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance.

1.10 The requirements of Environmental Manager and Independent Environmental Checker, as required under this Permit, are described in conditions 2.1 and 2.2 of the Environmental Permit No. EP-034/1999 or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance.

1.11 Approved reports, drawings, schedules and details of measures mentioned in this Permit shall refer to those that have been approved by the Director.

1.12 All deposited submissions, as required under this permit, shall be rectified in accordance with the comments, if any, made by the Director within one month of the receipt of the Director's comments or otherwise specified by the Director.

1.13 Amendments to approved or deposited submissions required under this Permit shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. Amendments to approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director.

1.14 The Permit Holder shall release to the public all finalized submissions, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any 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.

1.15 The Permit Holder shall notify the Director one week prior to the commencement of construction of the project works.

2. Submissions or Measures before Commencement of Construction of Certain Sections of the Project

2.1 An Environmental Team (ET) shall be established before the commencement of construction of relevant works of the Project and shall not be in any way an associated body of the Contractor. The ET shall be headed by an Environmental Manager who has at least 7 years experience in environmental monitoring and auditing (EM&A) or environmental management. The Environmental Manager 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.

2.2 The Permit Holder shall make available to the Director 3 sets of 1 to 1000 scale layout drawings and an explanatory statement showing the works boundary, road alignments, the locations of environmental mitigation measures recommended in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance, and any other facilities assessed in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance before the commencement of construction of the Project. The layout drawings and the explanatory statement so provided shall be certified by the Environmental Manager and verified by the Independent Environmental Checker, as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. (see note 6)

2.3 The Permit Holder shall make available to the Director 3 sets 1 to 1000 scale design drawings showing the locations and details of the noise barriers before the commencement of construction of relevant parts of the Project. The design drawings shall show (including a note in every drawing) that noise barriers be continuous structures throughout without any gap, hole, or opening, including the interface with the edge parapet or the ground itself. The submission shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. (see note 7)

2.4 The Permit Holder shall make available to the Director an Implementation Schedule for the Project before the commencement of construction of the Project. Before submission to the Director, the Implementation Schedule shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. (see note 8)

2.5 Information pertaining to at source best practical noise mitigation measures for the length of road P1 shall be made available to the Director before the commencement of construction of relevant sections of road P1. The submission shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. (see note 9)

3. Submissions or Measures during the Construction Period

3.1 The Permit Holder shall fully implement all relevant design or construction measures for the Project, described in the approved or deposited submissions mentioned in section 2 above. Any changes to these design and construction measures shall be justified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance. Amendments to the approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director as required under condition 1.13 above.

3.2 The noise barriers shall be constructed and implemented in accordance with the design drawings as specified by Condition 2.3 above. The construction of the noise barriers shall be completed before the Project comes into operation.

3.3 Low noise road surfacing shall be provided on Road P1 Southbound during construction and before the operation of the Project.

3.4 The Permit Holder shall deposit with the Director details of all constructional plant including methods of use and construction works together with proposed measures for limiting the noise thereform which shall include, but not be limited to the relocation of noise-emitting plant, the use of silencers, mufflers, acoustic sheds/shields, or acoustic sheds/screens and shall be based upon the best reasonable practice. Information on the types and models of silenced equipment and acoustic treatment for unsilenced equipment shall be included. Before submission to the Director, the details shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report, and the Environmental Permit (No. EP-034/1999) or any subsequent variation approved by the Director under the Environmental Impact Assessment Ordinance.

3.5 The Permit Holder shall implement measures described in Appendix A to mitigate the water quality impacts during construction.

4. Environmental Monitoring and Audit During Construction

4.1 Any changes to the Environmental Monitoring and Audit arrangement as required under the EM&A Manual submitted shall be justified, and reviewed by the Independent Environmental Checker in the Environmental Monitoring and Audit Reports and submitted for the approval of the Director.

4.2 The Environmental Monitoring and Audit requirements shall be implemented as set out in the EM&A manual and the monthly Environmental Monitoring and Audit Reports unless the changes are justified in the monthly Environmental Monitoring and Audit Reports submission, verified by the Independent Environmental Checker and approved by the Director.

4.3 Samples and measurements for air quality and noise monitoring shall be taken during the construction of the project in accordance with the requirements of the EM&A Manual by :

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

(b) Conducting air quality and noise monitoring at the specified locations and frequencies;

(c) In cases where specified criteria in the EM&A Manual are exceeded, carrying out remedial actions in accordance with the action/event plan, as set out in the EM&A manual; and

(d) Logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the EM&A Reports and Independent Environmental Checker's Report, and to make available the information for inspection on site.

4.4 Four copies of the Baseline Monitoring Report certified by the Environmental Manager, and verified by the Independent environmental Checker shall be submitted to the Director before the commencement of any major construction works that would affect the monitoring results.

4.5 Four copies of monthly Environmental Monitoring and Audit Reports certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days from the end of the reporting month.

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 action/event plans of the EM&A Manual shall be properly carried out, in accordance with the time frame set out in the action/event plans, or as agreed by the Director.

5. Measures before Operation of the Project

5.1 All designs and measures described in the submissions approved, or deposited under Section 2 and Section 3 above, shall be fully implemented.

Notes:

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

2. The Permit Holder may apply under section 13 of the Environmental Impact Assessment Ordinance to the Director for a variation of the conditions of this Environmental Permit. The Permit Holder shall replace the original Permit displayed on the construction site, by the amended Permit.

3. 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 Ordinance to the Director for a further Environmental Permit.

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 the display on the construction site.

5. If this Permit is cancelled or surrendered during the construction, an Environmental Permit must be obtained under the Ordinance before the construction 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 an Environmental Permit.

6. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. EP-034/1999) is required under condition 2.3 of the Permit No. EP-034/1999 to submit the 1 to 1000 scale layout drawing required in condition 2.2 of this Permit.

7. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. EP-034/1999) is required under condition 2.4 of the Permit No. EP-034/1999 to submit the drawings showing all the noise mitigation measures required in condition 2.3 of this Permit.

8. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. EP-034/1999) is required under condition 2.5 of the Permit No. EP-034/1999 to submit the implementation schedule required in condition 2.4 of this Permit.

9. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. EP-034/1999) is required under condition 2.6 of the Permit No. EP-034/1999 to submit the details of measures required in condition 2.5 of this Permit.

Further Environmental Permit No. FEP-02/034/2000

Appendix A

Measures to Mitigate Water Quality Impact during Construction

To mitigate the water quality during construction, the following shall be implemented:

(a) The Contractor shall not discharge directly or indirectly (by runoff) or cause or permit or suffer to be discharged into any public sewer, storm-water drain channel, stream-course or sea, any effluent of foul or contaminated water or cooing or hot water without the prior consent of the Director.

(b) The Contractor shall provide, operate and maintain suitable works for the treatment and disposal of such effluent or foul or contaminated or cooling or hot water.

(c) Foul water effluent from any office, site canteen or toilet facilities shall be directed to a foul sewer or to a sewage treatment facility either directly or indirectly by means of pumping.

(d) In order to reduce the amount of suspended solids in effluent, the Contractor shall install settling tanks followed by one or a combination of