Environmental Permit No. FEP-01/171/2004

環境許可證編號 FEP-01/171/2004

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 12

環境影響評估條例

(第499章)

第10及12條

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建造及營辦指定工程項目的新的環境許可證

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this Further Environmental Permit to GAMMON SKANSKA LIMITED (hereinafter referred to as the “Permit Holder”) to construct and operate the designated project described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.

根據《環境影響評估條例》（條例）第10及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金門建築有限公司（下稱“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。

The issue of this Further Environmental Permit is based on the documents, approvals and permissions described below:

本新的環境許可證乃依據下列文件、批准及許可條件而簽發:–

Application No.

申請書編號

FEP-064/2004

Document in the Register:

登記冊上的文件：

(1) Agreement No. CE88/98 Improvement to Castle Peak Road between Ka Loon Tsuen and Siu Lam – Investigation Assignment

(Register No.: AEIAR-047/2001)

- Environmental Impact Assessment Report (August 2001) [Hereinafter referred to as the “EIA Report”]

- EIA Executive Summary (August 2001) [Hereinafter referred to as the “Executive Summary”]

- Environmental Monitoring and Audit Manual (August 2001) [Hereinafter referred to as the “EM&A Manual”]

(1) 合約編號CE88/98 青山公路嘉龍村至小欖的改善工程– 勘查研究

(登記冊編號: AEIAR-047/2001)

- 環境影響評估報告 (2001年8月) [下稱「環評報告」]

- 環境影響評估行政摘要 (2001年8月) [下稱「行政摘要」]

- 環境監察及審核計劃 (2001年8月) [下稱「環監計劃」]

(2) The Director’s letter of approval of the EIA report dated 5 December 2001 (Reference: (30) in EP2/N4/A/67 Part IV)

(2) 署長於2001年12月5日發出批准環評報告的信件 (檔案編號: (30) in EP2/N4/A/67 Part IV)

(3) Application for Environmental Permit on 20 June 2003 including all attachments submitted (Application No. AEP-171/2003)

(3) 於2003年6月20日提交的環境許可證申請文件包括所有附件(申請書編號: AEP-171/2003)

Document in the Register:

登記冊上的文件：

(4) Environmental Permit (Permit No. EP-171/2003) issued on 17 July 2003

(4) 於2003年7月17日發出的環境許可證(許可證編號：EP-171/2003)

(5) Application for Variation of an Environmental Permit on 10 November 2003 including all attachments submitted (Application No. VEP-120/2003)

(5) 於2003年11月10日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-120/2003）

(6) Environmental Permit (Permit No. EP-171/2003/A) issued on 4 December 2003

(6) 於2003年12月4日發出的環境許可證(許可證編號：EP-171/2003/A)

(7) Application for Further Environmental Permit on 29 March 2004 (Application No. FEP-064/2004)

(7) 於2004年3月29日提交之新的環境許可證申請文件(申請書編號：FEP-064/2004)

22 April 2004

2004年4月22日

Date

日期

(WONG Hon-meng)

Acting Assistant Director

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

(署理助理署長(環境評估及噪音)黃漢明代行)

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:

Title of Designated Project

指定工程項目的名稱

Improvement to Castle Peak Road between Ka Loon Tsuen and Siu Lam

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

青山公路嘉龍村至小欖的改善工程

[這工程項目下稱“工程項目”]

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

A road bridge more than 700 m in length between abutments.

橋台之間的長度超過700米的行車橋樑。

Location of Designated Project

指定工程項目的地點

The section of Castle Peak Road between Ka Loon Tsuen and Siu Lam. The location of the Project is shown in Figure 1 attached to this Permit.

介乎嘉龍村及小欖之間的一段青山公路。工程項目的位置見載於本許可證夾附的圖1。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The scope of the Project comprises:

1. Widening of about 1.1 km of Castle Peak Road between Ka Loon Tsuen to Tai Lam Kok on its seaward side from a single carriageway to a dual 2-lane carriageway;

2. Construction of a new dual 2-lane viaduct approximately 0.8 km long from Tai Lam Kok to Siu Lam with low noise road surfacing;

3. Provision of a 3.0 m wide footpath on both sides of the road between Ka Loon Tsuen and Tai Lam Kok;

4. Provision of a 1.5 m wide amenity strip on the proposed seaward side footpath between Ka Loon Tsuen and Tai Lam Kok;

5. Reconstruction of the pavement of Castle Peak Road between Tai Lam Kok and Siu Lam;

6. Construction of about 1.1 km of seawall between Ka Loon Tsuen and Tai Lam Kok and reclamation of about 0.8 hectare of land at Tai Lam Kok for the road widening;

7. Reprovision of existing legal run-ins and appropriate modifications to junction affected by this road improvement scheme; and

8. Associated slope works, natural terrain hazard study and the associated hazard mitigation measures, roads and drainage works, traffic aids, street furniture and public lighting, utilities works, environmental mitigation measures, landscape and other ancillary works.

工程項目的範圍包括：

1. 把介乎嘉龍村與大欖角之間一段約1.1公里長的青山公路的朝海路段，由不分隔車路擴闊為雙程雙線分隔車路；

2. 建造一條新的雙程雙線高架道路，長度約為0.8公里，連接大欖角和小欖，並鋪設低噪音路面；

3. 在介乎嘉龍村與大欖角之間的一段青山公路兩旁闢建3米闊的行人徑；

4. 在介乎嘉龍村與大欖角之間的擬建朝海行人徑闢設1.5米闊的美化市容地帶；

5. 重鋪介乎大欖角與小欖之間一段青山公路的路面；

6. 為進行道路擴闊工程，在嘉龍村與大欖角之間建造約1.1公里長的海堤，並在大欖角進行面積約0.8公頃的填海工程；

7. 重置現有的合法車輛出入通道，並為受這項道路改善計劃影響的路口作出適當修改；和

8. 相關的斜坡工程、天然地形危險研究及相關的危險緩解措施、道路及排水工程、交通輔助設施、街道設施及公共照明、公用設施工程、環境影響緩解措施、景觀美化工程，以及其他附屬工程。

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 (EIAO) (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) 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 the Permit readily available at all times for inspection by the Director or his authorised 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 EIAO Register Office.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site 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 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 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 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 described in the EIA Report (Register No. AEIAR-047/2001), other relevant documents in the EIAO Register Office, 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 EIAO Register Office 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 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, and 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 the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to respectively in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIAO 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.

1.11 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIAO 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.

1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one 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 preparations, or other works as agreed by the Director.

2. Measures and Submissions before Commencement of Construction of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1 An ET shall be established no later than one month before commencement of construction of the Project. 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 and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every circumstance or change of circumstances that may affect the findings of the EIA Report and each and every non-compliance with the recommendations of the EIA Report or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report 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 replace the ET Leader upon notice in writing from the Director, 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 An IEC shall be employed no later than one month before commencement of construction of the Project. The IEC shall be a person who has at least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax transmission, within 24 hours of receipt of notification from the ET Leader of each and every change of circumstances or non-compliance with the recommendations of the EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the replacement of the IEC by notice in writing. Failure to replace the IEC upon notice in writing from the Director, or further failure to so notify the Director despite employment of a new IEC, may render the Permit liable to suspension, cancellation or variation. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.

3. Measures and Submissions for Construction of the Project

Management Organization of Main Construction Companies

3.1 The Permit Holder shall, within one month after the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies 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.

Measures to Mitigate Landscape and Visual Impacts

3.2 To mitigate the landscape and visual impacts from the Project, landscape mitigation measures shall be implemented in accordance with Figures 2a to 2d attached to this Permit.

Measures to Manage Construction and Demolition Waste Impacts

3.3 Construction and demolition (C&D) materials generated from the Project shall be properly managed by implementing the following measures:

(a) on-site storage, segregation, and re-use of the material for filling embankment;

(b) waste types shall be properly segregated on site to facilitate recycling;

(d) inert C&D materials shall be disposed of at approved public filling areas or reclamation areas to be agreed by the Director.

Measures to Mitigate Ecological Impacts

3.4 To mitigate the ecological impacts on terrestrial habitats, compensatory planting of not less than 2.67 ha shall be implemented within the site limit.

Measures to Mitigate Traffic Noise Impacts

3.5 To mitigate the traffic noise impact arising from the operation of the Project, the low noise road surfacing, using polymer modified friction course material or otherwise as agreed by the Director, on viaduct shall be fully implemented in accordance with Figure 1 attached to this Permit before commencement of operation of the Project.

Measures to Mitigate Water Quality Impacts

3.6 To minimize water quality impacts arising from the marine works at Tai Lam Kok, the following measures shall be applied:

(a) the maximum total production rate of the closed grab dredgers deployed for the dredging works shall not exceed 3,000m³ per day;

(b) silt curtain shall be deployed around the immediate dredging area while dredging works are in progress;

(d) closed mechanical grabs shall be used to avoid spillage of sediments while being lifted;

(e) all hopper barges and dredgers shall be fitted with tight-fitting seals to their bottom openings to prevent leakage of material; and

(f) splashing of dredging material into the surrounding waters is prohibited during loading of barges and grabs. No overflowing of dredged material causing water pollution is allowed during loading or transportation.

3.7 To minimise water quality impacts arising from other construction activities, all mitigation measures described in Appendix A shall be implemented throughout the construction period.

4. Environmental Monitoring and Audit Requirements during Construction of the Project

4.1 The EM&A programme shall be implemented as set out in the EM&A Manual. Any changes to 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.

4.2 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual by:

(a) conducting baseline environmental monitoring on air quality, noise and water quality;

(b) conducting impact monitoring on air quality, noise and water quality;

(c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual fully and properly in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director; and

(d) logging and keeping records of details of (a) to (c) 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.

4.3 All EM&A data submitted under this Permit shall be true, valid and correct.

4.4 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submission shall be certified by the ET leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.

4.5 Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliances (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be certified by the ET leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.

5. Measures for Operation of the Project

Maintenance of Low Noise Road Surfacing

5.1 The low noise road surfacing as described in Condition 3.5 shall be properly maintained during operation of the Project.

Maintenance of Landscape Measures

5.2 All landscape measures as described in Condition 3.2 shall be properly maintained during operation of the Project.

6. Environmental Monitoring and Audit Requirements during Operation of the Project

6.1 The EM&A programme during operation of the Project shall be implemented as set out in the EM&A Manual. Any changes to 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.

Monitoring of Operational Noise

6.2 An operational noise monitoring as described in the EM&A Manual shall be carried out for the purpose of verifying the traffic noise assessment, by comparing the noise impact predictions with the actual impacts. A report shall be produced to record the monitoring details and results, including the comparison between the measured noise levels and the predicted levels in the EIA report. The Permit Holder shall deposit three hard copies and one electronic copy of the report in the formats specified in Condition 7.1 below within one month after completion of the monitoring.

7. Electronic Reporting of EM&A Information

7.1 To facilitate public inspection of the Baseline Monitoring Report and 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Condition 4 of this Permit. 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 format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hardcopies.

7.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up a dedicated Internet website and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 7.1 above shall be made available to the public via the abovementioned dedicated Internet website in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

7.3 The Internet website as described in Condition 7.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the documents (1) to (3) listed in Part A of this Permit, and this Environmental Permit. The Internet website shall have features capable of:

(a) providing access to all environmental monitoring data of this Project collected since the commencement of construction;

(b) providing access to all finalized submissions as required under this Permit;

(d) searching by types of monitoring data (air quality, noise and water quality); and

(e) hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

Notes :

1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Descriptions 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 authorized officer may, with the consent of the Secretary for Environment, Transport and Works, 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 authorized 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 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, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

6. If this Permit is cancelled or surrendered during construction and 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 the 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. FEP-01/171/2004

Appendix A (as referred to in Condition 3.7)

Measures to Mitigate Water Quality Impacts arising from Other Construction Activities

(i) before the commencement of site formation work, all sewer and drainage connections shall be sealed to prevent debris/soil/sand from entering public sewers/drains;

(ii) perimeter channels shall be constructed in advance of site formation works and earthworks to intercept storm-runoff from outside the site;

(iii) temporary ditches such as channels, earth bunds or sand bag barriers shall be included to facilitate runoff discharging into the stormwater drain, via a sand/silt trap;

(iv) sand/silt removal facilities shall be provided to remove sand/silt from the site runoff. These facilities shall capture all surface water generated on site;

(v) temporary access roads shall be protected by crashed gravel and exposed slope surfaces shall be protected when rainstorms are likely;

(vi) all open stockpiles of construction materials/excavated materials shall be covered with tarpaulin or similar fabric during rainstorms;

(vii) debris and rubbish generated on-site shall be prohibited from entering into the nearby coastal waters and stormdrains;

(viii) all fuel tanks and storage areas shall be sited on sealed areas within bunds of a capacity equal to 100% of the storage capacity of the largest tank; and

(ix) the Permit Holder shall not cause any foam, oil, grease, scum, litter or other objectionable matter on the water within the site or dumping grounds.