Environmental Permit
No. FEP-01/129/2002
環境許可證編號FEP-01/129/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條及第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份而發出新的環境許可證
A部 (許可證主要部分)
Pursuant to Sections 10 and
12 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants this Further Environmental
Permit to BACHY SOLETANCHE GROUP LIMITED (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10及第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法國地基建築公司(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，乃依據下列文件、批准或許可條件而簽發：
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Application
No. 申請書編號： |
FEP-050/2002 |
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Document
in the Register: 登記冊上的文件： |
1.
Sheung Shui to Lo Ma Chau Spur Line – Environmental Impact
Assessment Tunnel / Viaduct Option,
Final Report, January 2002. - Volume 1 of 5 EIA Report (Part 1) (Register No. AEIAR-052/2002) [hereinafter
referred to as the "EIA Report"] 2. The Director's letter of
approval of the EIA Report dated 11 March 2002, (ref: (111) in Ax (4) to
EP2/G/A/101 IV) 3. Environmental Permit issued - Permit No.: EP-129/2002 issued on 6 April 2002. 1.
上 水 至 落 馬 洲 支 線 - 環 境 影 響 評 估
- 隧 道 /高 架 橋 方 案 ， 最 後 報 告 (二 零 零 二 年 一 月 ) 第 一 冊 環 境 影 響 評 估 報 告 (第 一 部 份 ) (登 記 冊 編 號 :
AEIAR-052/2002) [下 稱 "環 評 報 告
"] 2. 環 境 保 護 署 署 長 於 二 零 零 二 年 三 月 十 一 日 發
出 批 准 環 評 報 告 的 信 件 (檔 案 編 號 : (111) in Ax (4)
to EP2/G/A/101 IV) 3. 已簽發的環境許可證 — 許可證編號：EP-129/2002於2002年4月6日簽發。 |
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26 July 2002 |
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Date 日期 |
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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部所提述的指定工程項目的說明:
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Title of
Designated Project 指定工程項目的名稱
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Sheung Shui to
Lok Ma Chau Spur Line : Construction of
diaphragm walls for the launching shaft of the tunnel boring machine [This
designated project is hereinafter referred to as "the Project"] 上水至落馬洲支線 : 建造隧道鑽挖機啟動豎井隔牆 [本指定工程項目下稱"工程項目"] |
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Nature
of Designated Project |
Part of the
Project of a railway and its associated stations 屬於上水至落馬洲支線工程的一部份 |
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Location
of Designated Project 指定工程項目的地點 |
Construction of
diaphragm walls for the launching shaft of the tunnel boring machine The location of
the Project is shown on Figure 1 attached to this Permit. 建造隧道鑽挖機啟動豎井隔牆 工程項目的地點如本環境許可證內圖一所示。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍
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Construction of diaphragm walls (about 400m in perimeter length, and 35m in depth) for the launching shaft of the tunnel boring machine 建造隧道鑽挖機啟動豎井隔牆(周界長大約四百米,深度約三十五米) |
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 (Cap.499) and may become the subject
of appropriate action being taken under the Ordinance.
1.2 The Permit Holder
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), the Waste Disposal Ordinance
(Cap.354). This Permit does not of itself (a) constitute any ground of defense
against any proceedings instituted under any legislation or (b) 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 or 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 by the Permit. The site(s) refers to site(s) of construction
and/or operation of the Project(s) 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
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 construction site(s).
1.6 The Permit Holder
shall construct and operate the Project as described 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 described in the EIA report
(Register No. AEIA-052/2002); other relevant documents in the Register; and the
information or mitigation measures described in this Permit, or 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, or 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 or impliedly amended in this Permit.
1.8 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-129/2002 or where applicable the equivalent
condition in any subsequent environmental permit amended by the Director under
the Environmental Impact Assessment Ordinance.
1.9 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.
1.10 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. All
submissions or any variation of the submissions shall be certified by the
Environmental Team (ET) Leader referred to in Condition 2.1 below and verified
by the Independent Environmental Checker (IEC) established under Condition 2.2
of the Environmental Permit No. EP-129/2002, or where applicable the equivalent
condition in any subsequent environmental permit amended by the Director under
the Environmental Impact Ordinance, before submitting to the Director under this
Permit.
1.11 The Permit Holder shall
release all finalized 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 other means as specified by the Director for public
inspection. For this purpose, the Permit Holder shall provide sufficient copies
of the submissions.
1.12 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 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 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies.
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.
2. Submissions
or Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
2.1 An Environmental
Team (ET) shall be established by the Permit Holder. The ET shall be headed by an ET Leader. The ET Leader shall
be a person who has at least 7 years' experience in environmental monitoring
and auditing (EM&A) or environmental management. The ET team and the ET
Leader shall be responsible for the duties defined in the EM&A Manual approved
under Condition 2.3 of the Environmental Permit No. EP-129/2002 or where
applicable the equivalent condition in any subsequent environmental permit
amended by the Director under the Environmental Impact Ordinance. 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. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change of
circumstances which may affect the environmental impact assessment and each and
every non-compliance with the recommendations of the EIA Report (Register No.
AEIAR-052/2002) or this Permit. This log-book shall be kept readily available
for inspection by all persons assisting in supervision of the implementation of
the EIA Report recommendations 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. The ET shall not be
in any way an associated body of the IEC for the Project.
2.2 All
submissions for approval and deposition under Sections 2, 3, 4 and 5 of this
Permit shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendation contained in the EIA Report
before submission to the Director.
High Degree of
Transparency of the Project
2.3 To ensure a high
degree of transparency regarding the monitoring data and results in view of the
public concern about the Project, all environmental monitoring and audit data
and results, all submissions and all performance test data and results shall be
made available by the Permit Holder to the public through a dedicated web site
set up by the KCRC under Condition 6.2 of the Environmental Permit No.
EP-129/2002, or where applicable the equivalent condition in any subsequent
environmental permit amended by the Director under the Environmental Impact
Ordinance, in the shortest possible time and in no event later than two weeks
after such information is available
3. Submissions or
Measures for the Construction of the Project
Management Organization
of the Company
3.1 The Permit Holder
shall, within 1 month after the commencement of construction of the Project,
inform the Director in writing the management organization of the company
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.
Works Areas of the
Project
3.2 No extension of
the works boundary and works areas as indicated in the layout plan(s) deposited
under Condition 2.6 of the Environmental Permit No. EP-129/2002, or where
applicable the equivalent condition in any subsequent environmental permit
amended by the Director under the Environmental Impact Ordinance, shall be
permitted without the written approval of the Director. To avoid environmental
impacts to the study area as indicated in Figure 2 of this Permit, any key
construction activity of Project shall be within the works boundary and the
works areas.
Submission of Drainage
Layouts and Management Plan
3.3 The Permit Holder
shall, within one month after the commencement of construction of the Project,
submit to the Director for approval 3 sets of the drainage system layout and
management plan for the works areas. The submission shall include details of
the facilities and measures to manage pollution arising from surface runoff
from the works areas and to reduce surface runoff sediments and pollutants
entering the watercourses. Before submission to the Director, the drainage
layouts and management 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. All measures as recommended in the approved drainage plan(s) shall
be fully and properly implemented by the Permit Holder and any contractor
working on the Project in accordance with the details set out in the submission
throughout the construction period.
Submission of the Waste
Management Plan (WMP)
3.4 The Permit Holder
shall, within one month after the commencement of construction of the Project,
submit to the Director for approval 3 sets of Waste Management Plan (WMP) for
the works areas. Before submission to the Director, the WMP shall be certified
by the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report. The WMP shall describe the
arrangements for avoidance, reuse, recovery and recycling, storage, collection,
treatment including dewatering of spoil and disposal of different categories of
waste to be generated from the construction activities and shall indicate the
disposal location(s) of all surplus excavated spoil and other waste. A trip
ticket system shall be included in the WMP. Surplus excavated spoil and other
waste shall only be disposed of at designated public filling areas unless
otherwise approved by the Director. All measures recommended in the approved
WMP shall be fully and properly implemented by the Permit Holder and any person
working on the Project throughout the construction period.
3.5 No disposal of
waste, spoil, soil, excavated materials or materials alike arising from the
Project shall be allowed at any locations unless otherwise approved by the
Director under Condition 3.4 of this Permit. No such materials shall be dumped
onto any ecologically sensitive areas identified in the EIA Report, unless such
materials are necessary for the ecological enhancement measures required under the
Environmental Permit No. EP-129/2002, or where applicable the equivalent
condition in any subsequent environmental permit amended by the Director under
the Environmental Impact Ordinance.
Measures to Mitigate Construction Noise Impacts
3.6 To mitigate
construction noise impacts, gap-free noise barriers of material at least 10
kg/m2 shall be installed at locations as indicated in Figure 3 attached to this
Permit and shall be maintained throughout the construction period.
3.7 No movement of
spoil to any areas other than the works areas as indicated in the layout plans
deposited under Condition 2.6 of the Environmental Permit No. EP-129/2002, or where
applicable the equivalent condition in any subsequent environmental permit
amended by the Director under the Environmental Impact Ordinance, shall be
carried out during restricted hours.
Measures to Mitigate
Landscape and Visual Impacts
3.8 To mitigate
landscape and visual impacts of the Project, mitigation measures described in
Appendix A of this Permit shall be fully and properly implemented throughout
the construction period.
24-hour Dedicated
Hotline for Public Complaints and Enquiries
3.9 The Permit Holder
shall set up a 24-hour hotline dedicated to the Project to receive and respond
to complaints or enquiries from the public, the media and community groups
throughout the construction period of the Project. The Permit Holder shall
display conspicuously the telephone number of the 24-hour hotline on the
construction site at all vehicular site entrances/exits or at a convenient
location for public information at all times.
4. Environmental
Monitoring and Audit of the Project
4.1 The EM&A
programme shall be implemented as set out in the EM&A Manual approved under
Condition 2.3 of the Environmental Permit No. EP-129/2002, or where applicable
the equivalent condition in any subsequent environmental permit amended by the
Director under the Environmental Impact Ordinance. Any changes to the EM&A programme shall be justified by
the IEC as conforming to the requirements set out in the EM&A Manual and
shall be submitted to the Director for approval.
4.2 Two hard copies
and one electronic copy of monthly EM&A Reports shall be submitted to the
Director within 2 weeks after the end of the reporting month. Additional copies
of the submission shall be provided to the Director upon request from the
Director.
4.3 To ensure a high
degree of transparency regarding the monitoring data and results in view of the
public concern about the Project, all environmental monitoring and audit data
and results, and all submissions and all performance test data and results
shall be made available by the Permit Holder to the public through a dedicated
web site set up by the KCRC under Condition 6.2 of the Environmental Permit No.
EP-129/2002, or where applicable the equivalent condition in any subsequent environmental
permit amended by the Director under the Environmental Impact Ordinance, in the
shortest possible time and in no event later than 2 weeks after such
information is available.
4.4 All environmental
monitoring and audit results submitted under this Permit shall be true, valid
and correct.
4.5 The actions
described in the Event/Action Plans of the EM&A Manual approved under
Condition 2.3 of the Environmental Permit No. EP-129/2002, or where applicable
the equivalent condition in any subsequent environmental permit amended by the
Director under the Environmental Impact Ordinance, shall be fully and properly
carried out, in accordance with the time frame(s) set out in the Event/Action
Plan, or as agreed by the Director.
5. Electronic
Reporting of EM&A Information
5.1 To facilitate
public inspection of the monthly EM&A Reports via the EIA Ordinance
Internet Website and at the EIA Ordinance Register Office, electronic copies of
the Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0
or later) and in Portable Document Format (PDF version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies as described in Condition 4.2 of this Permit. For the HTML version,
a content page capable of providing hyperlink to each section and sub-section
of the monthly EM&A Reports shall be included in the beginning of the
document. Hyperlinks to all figures, drawings and tables in the EM&A
Reports shall be provided in the main text from where the respective references
are made. All graphics in the report shall be in interlaced GIF format unless
otherwise agreed by the Director. The content of the electronic copies of these
Reports shall be the same as the hard copies.
5.2 All environmental
monitoring data described in Condition 5.1 above shall be made available to the
public via a dedicated web site set up by the KCRC in the shortest possible
time 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.
Notes
:
1. This
Environmental Permit consists of three parts, namely, Part A (Main Permit),
Part B (Description of Designated Project) Part C (Permit Conditions). Any
person relying on this Permit should obtain independent legal advice on the
legal implications under the Ordinance, and that 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, 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 Environmental Impact Assessment
Ordinance (the "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.
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
Ordinance to the Director for a further Environmental Permit.
5.
Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for Environment, Transport and Works, suspend, vary or cancel this Permit. The
suspended, varied or cancelled shall be removed from the display at the
construction site.
6. 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 Project could be continued. It is an offence under Section 26(1) of
the Ordinance to construct or operate a designated project listed in Part I of
Schedule 2 of the Ordinance 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 Ordinance, is liable :
(i) on a
first conviction of indictment to a fine of $2 million and imprisonment for 6
months;
(ii) on a second or subsequent
conviction on indictment to a fine of $5 million and imprisonment for 2 years;
(iii) on a first summary conviction to a fine at
level 6 and imprisonment for 6 months;
(iv) on a second or
subsequent summary conviction to a fine of $1 million and 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 that the offence
continued.
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance 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 EIA Ordinance for details and seek independent legal advice.
Environmental
Permit No.: FEP-01/129/2002
Measures to Mitigate
Landscape and Visual Impacts During Construction
At all parts of
all works areas and construction sites, and throughout the full duration of the
construction contract(s), the following mitigation measures shall be
implemented to minimise the landscape and visual impact of the construction
works:
(i) control of night time
lighting;
(ii) erection of decorative screen
hoarding;
(iii) advance planting for screening;
(iv) minimising the height of temporary
buildings;
(v) careful positioning of
construction plant;
(vi) regular checks shall be carried out
to ensure that the work site boundaries are not exceeded and that no damage is
being caused to the surrounding areas;
(vii) temporary construction sites shall be
restored to standards as good as, or better than, the original condition;
(viii)
replanting of disturbed vegetation shall be undertaken and
this shall use predominantly native plant species;
(ix) topsoil shall be stripped and
stored for re-use in the construction of the soft landscape works;
(x) the locations of work sites
associated with the proposed development shall be carefully selected to
minimise the potential landscape and visual impacts of the proposed construction
works; and
(xi) the potential for soil erosion
shall be reduced at construction stage by minimising the extent of vegetation
disturbance on site and by providing a protective cover (e.g. plastic sheeting
or a grass cover established by hydroseeding) over any exposed ground.
Figure 1 | Figure 2 | Figure 3
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