Futher Environmental Permit No. FEP-02/074/2002
新的環境許可證編號
FEP-02/074/2002
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 12
環
境
影
響
評
估
條
例
(第
499章
)
第
10條
及
12條
FURTHER ENVIRONMENTAL
PERMIT TO OPERATE A DESIGNATED PROJECT
就 營
辦
指
定
工
程
項
目
而
發
出
的
新
的
環
境
許
可
證
PART
A (MAIN PERMIT)
A部
(許
可
證
主
要
部
分
)
Pursuant
to Sections 10 & 12 of the Environmental Impact Assessment Ordinance, the
Director of Environmental Protection (the Director) grants this further environmental
permit to the HIGHWAYS DEPARTMENT (the "Permit Holder") to
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
10 條
及
12條
的
規
定
﹐
環
境
保
護
署
署
長
(署
長)
將
本
環
境
許
可
證
批
予
路
政 署 ("許
可
證
持
有
人")
以
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
﹕
-
|
Application No. |
FEP-056/2002
|
|
Document in the
Register : |
(1)Kowloon-Canton
Railway Corporation - West Rail Essential Public Infrastructure Works (EPIW)
Associated with West Rail Stations in Yuen Long, Tin Shui Wai, Tuen Mun
Centre and Eastern Access Road (December 1999) (register No.
AEIAR-025/1999)[hereinafter referred to as the "EIA report"] (2)The Director's
letter of approval of the EIA Report dated 28 December 1999 [ref: (38) in Ax
(3) to EP2/G/A/94 Pt.3] (3)Environmental
Permit No. EP-74/2000 issued on 9 August 2000 (1)九
廣 鐵 路 公 司 - 與 位 於 元 朗 、 天 水 圍 、 屯 門 中 心 及 東 面 通 道 的 西 鐵 車 站 相 關 的 西 鐵 主 要 公 共 基 本 建 設 工 程 (1999年 12月) (登 記 冊 編 號 AEIAR-025/1999) [下
稱 "環 評 報 告 "] (2)署
長 於1999年12月 28 日 發 出 批 准 環 評 報 告 的 信 件 [檔 號：(38) in Ax (3) to
EP2/G/A/94 Pt.3] (3)於
2000年 8月 9日 簽 發 的 環 境 許 可 證 編 號：EP-074/2000 |
|
___________________
|
______________________________________
|
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:
下
列
為
本
新
的
環
境
許
可
證
A 部
所
提
及
的
指
定
工
程
項
目
的
說
明
:
|
Title of
Designated Project |
Essential Public Infrastructure Works
Associated with West Rail Stations Eastern Access Road, Yuen Long 西
鐵 車 站 相 關 的 元 朗 東 面 通 道 主 要 公 共 基 本 建 設 工 程 。 |
|
Nature of
Designated Project |
Road to connect West Rail Kam Tin Station. 連 接 西 鐵 錦 田 站 的 道 路。 |
|
Location of
Designated Project |
The locations
of the road project are shown in Figure 1 in this Permit. 道
路 工 程 項 目 的 位 置 ， 載 於 本 許 可 證 的 圖 1。 |
|
Scale and Scope
of Designated Project(s) |
The Project
involves the operation of primarily at-grade Eastern Access Road and two
bridges over the two branches of the drainage channels. The extents and limit
of the Project are shown in Fig. 1 of this permit and consist of the operation
of a dual two-lane carriageway (the "Eastern Access Road, Yuen
Long") of approximately 0.85 kilometres in length connecting the West
Rail Kam Sheung Road Station and Kam Tin Bypass. 工
程 項 目 涉 及 營 辦 主 要 建 於 地 面 的 東 面 通 道 ， 以 及 在 排 水 渠 的 兩 條 支 管 上 面 兩 條 天 橋 。 工 程 範 圍 及 界 線 包 括 一 條 約 長 0.85公 里 的 雙 程 雙 線 分 隔 車 道 ("元 朗 東 面 通 道 ")， 連 接 西 鐵 錦 上 路 站 及 錦 田 繞 道 ， 載 於 本 許 可 證 的 圖 1。 |
PART
C (PERMIT CONDITIONS)
1.
General Conditions
1.1 The
Permit Holder shall ensure full compliance with all conditions of this further environmental
permit. Any non-compliance may constitute a contravention of the Environmental
Impact Assessment Ordinance (Cap.499) and may become subject of appropriate
action to be taken under the Ordinance.
1.2 This
Permit shall not remove the responsibility of the Permit Holder to comply with
any legislation from time to time in force including without limitation 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).
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 the Permit Holder’s office. 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 operate the Project in accordance with the project
descriptions in Part B of this Permit.
1.5 The
Permit Holder shall ensure that the Project is operated in accordance with the
information and recommendations described in the EIA Report; 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 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.
1.6 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.
1.7 All
submissions deposited without comments by the Director or all submissions
rectified in accordance with comments by the Director under this Permit shall
be constructed 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 variations of the submissions shall be certified by the Permit
Holder.
1.8 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.
1.9 Amendments
to submissions required under this Permit shall be approved by the Director and
deposited with the Environmental Impact Assessment Register Office or any other
places as specified by the Director as required by the respective conditions.
1.10 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 at 27/F,
Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.
1.11 The Permit Holder shall
notify the Director the commencement date of operation of the Project at least 4
weeks prior to the commencement of operation of the Project. The Permit Holder
shall notify the Director immediately if there is any change of the
commencement date of the operation.
2.
Submissions or Measures for Operation of the Project
2.1 The
Permit Holder shall provide and maintain the following mitigation measures for the
operation of the Project to mitigate the noise impacts:
(a) a 3 m high, 60m long noise barrier behind the
footpath along the north bound carriageway of the Eastern Access Road,
immediately south of the Kam Tin Road/Kam Tin By-pass roundabout. The noise
barrier is located approximately at Chainage 860 to 920 m as shown in Figure 2.
(b) a 2.5 m high, 80m long absorptive barrier
behind the footpath along the north bound carriageway of the Eastern Access
Road, north-east of the proposed footbridge. The absorptive barrier is located
approximately at Chainage 1029 to 1109 m as shown in Figure 2.
(c) a 3 m high, 100 m long absorptive barrier next
to the bus-bay and behind the footpath along the north bound carriageway of the
Eastern Access Road, south-west of the proposed footbridge. The absorptive
barrier is located approximately at Chainage 1109 to 1209m as shown in Figure
2.
(d) a 3 m high, 20 m long absorptive barrier next
to bus-bay and behind the footpath, along the south bound carriageway of the
Eastern Access Road and in front of Ng Ka Tsuen, north-east of the proposed footbridge.
The absorptive barrier is located approximately at Chainage 1080 to 1110m as
shown in Figure 2.
(e) a 3 m high, 55 m long absorptive barrier 1 m
from kerbside along south bound carriageway of the Eastern Access Road and in
front of Ng Ka Tsuen, south-west of the proposed footbridge. The absorptive
barrier is located approximately at Chinage 1100 to 1155 m as shown in Figure
2.
(f) a 5.5 m high, 60 m long absorptive barrier
along the east bound of the Kam Sheung Road and east of the Eastern Access
Road. The absorptive barrier is located approximately 2m from kerbside and next
to bus-bay as shown in Figure 2.
(g) a 3 m high, 30 m long absorptive barrier along
the east bound of the Kam Sheung Road and west of the Eastern Access Road. The
absorptive barrier is located approximately 5 m from kerbside as shown in
Figure 3.
(h)
a 5 m high , 55m long absorptive barrier
behind the footpath of the proposed bus-bay, along the west bound of the Kam
Sheung Road and west of the Eastern Access Road as shown in Figure 3.
(i) a
5.5 m high, 150 m long noise barrier next to the bus-bay and behind the
footpath along the south bound carriageway of the Eastern Access Road, south of
the Eastern Access Road/Kam Sheung Road junction. The noise barrier is located
approximately at Chainage 1300 to 1450 m as shown in Figure 3.
2.2 Before the commencement of
operation of the project, the Permit Holder shall notify the Director that
indirect technical remedies (ITR), in the form of suitable window glazing and
air-conditioning to protect the affected Noise Sensitive Receivers (NSRs) - Kam
Kwong Kindergarten, Lutheran Kam Sheung Church and the village house of Ng Ka
Tsuen have been implemented. The affected Noise Sensitive Receivers are
identified as NSR 71, NSR 89, NSR 90 respectively in the Table 15.3a of the EIA
Report.
2.3 The
Permit Holder shall deposit to the Director, at least six months before the
operation of the project, a monitoring plan for the purpose of assessing the
accuracy of traffic noise predictions, by comparing the project noise impact
predictions with the actual impacts. The monitoring plan shall contain
monitoring locations, monitoring schedules, methodology of noise monitoring
including noise measurement procedures, traffic counts and speed checks, and
methodology of comparison with the predicted levels. The recommended monitoring
locations are detailed in the Implementation Schedule of the EIA report and
additional monitoring locations may be required by the Director. At least three
sets of measurements at each monitoring location shall be conducted and the
monitoring shall be done within the first year of operation of the project
2.4 Monitoring
works to be carried out under Condition 2.3 shall be conducted in accordance
with the deposited monitoring plan unless with prior justification. Monitoring
details and results including the comparison between the measured noise levels
and the predicted levels shall be recorded in a report to be deposited with the
Director within one month after the completion of the monitoring. Before
depositing with the Director, the report shall be certified by the Permit
Holder.
2.5 Mitigation
measures contained in section 18.3.3 of the EIA report shall be fully
implemented to mitigate landscape and visual impacts during operation of the
Project.
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 Ordinance, and that the following notes are for general
information only.
2. The
Permit Holder may apply under Section 13 of the Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit by the amended permit.
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.
4. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment, Transport and Works, suspend, vary or cancel this Permit.
5. If
this Permit is cancelled or surrendered during 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 operate a designated project listed in Part I of Schedule 2 of the
Ordinance without a valid environmental permit.
6. Any
person who 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 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.
7. 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.
Figure 1 |
Figure 2 |
Figure 3