Environmental Permit No. FEP-01/167/2003/B
環境許可證編號 FEP-01/167/2003/B
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 DESIGNATED
PROJECT
建造指定工程項目的新的環境許可證
PART A (MAIN PERMIT)
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 Leighton Contractors (Asia) Limited (hereinafter referred
to as the “Permit Holder”) to construct the designated project described in
Part B of this Permit
subject to the conditions specified in and 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禮頓建築（亞洲）有限公司（下稱“許可證持有人”）以建造本許可證B部所說明的指定工程項目﹐但須遵守本許可證C部所列明及附載的條件。
The issue of this Further Environmental Permit is based on the documents, approvals or
permissions described below:
本新的環境許可證乃依據下列文件、批准或許可條件而簽發:–
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Application No. 申請書編號 |
FEP-066/2005 |
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Document
in the Register : 登記冊上的文件： |
(1) Proposed
Submarine Gas Pipelines from Cheng Tou Jiao Liquefied Natural Gas Receiving
Terminal, Shenzhen to Tai Po Gas Production Plant, (Register No.:
AEIAR-071/2003) -
Environmental Impact Assessment Report (4 March 2003)
[Hereinafter referred to as the “EIA Report”] -
Environmental Impact Assessment Executive Summary (4
March 2003) [Hereinafter referred to as the “EIA Executive Summary”] -
Environmental Monitoring and Audit Manual (4 March
2003) [Hereinafter referred to as
the “EM&A Manual”] (1)
擬建從深圳秤頭角液化天然氣接收站連接至香港大埔煤氣製造廠之海底輸氣管道(登記冊編號:
AEIAR-071/2003) -
環境影響評估報告 (2003年3月4日)
[下稱“環評報告”] -
環境影響評估行政摘要 (2003年3月4日)
[下稱“環評行政摘要”] -
環境監察及審核手冊 (2003年3月4日)
[下稱“環監手冊”] (2) The
Director’s letter of approval of the EIA Report dated 23 April 2003
(Reference: (37) in EP2/G/H/120 II) (2) 署長於2003年4月23日發出批准環評報告的信件
(檔案編號: (37) in EP2/G/H/120 II) (3) Application
for Environmental Permit on 2 May 2003 including all attachments submitted
(Application No. AEP-167/2003) (3) 於2003年5月2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-167/2003) (4) Environmental
Permit (Permit No. EP-167/2003) issued on 30 May 2003 (4) 於2003年5 月30日發出的環境許可證(許可證編號：EP-167/2003) (5) Application
for Variation of an Environmental Permit on 30 December 2004 including all
attachments submitted (Application No. VEP-161/2004) (5) 於2004年12月30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-161/2004) (6) Environmental
Permit (Permit No. EP-167/2003/A) issued on 24 January 2005 (6) 於2005年1
月24日發出的環境許可證(許可證編號：EP-167/2003/A) (7) Application for Variation of an Environmental Permit
on 26 April 2005 including all attachments submitted (Application No. VEP-175/2005) (7) 於2005年4月26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-175/2005) (8) Environmental
Permit (Permit No. EP-167/2003/B) issued on 13 May 2005 (8) 於2005年5 月13日發出的環境許可證(許可證編號：EP-167/2003/B) (9) Application for Further Environmental Permit on 20
May 2005 (Application No. FEP-066/2005) (9) 於2005年5月20日提交之新的環境許可證申請文件(申請書編號：FEP-066/2005) |
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Date 日期 |
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(David
T. W. WONG) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任王德威代行) |
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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 Projects 指定工程項目的名稱 |
Proposed Submarine Gas Pipelines from Cheng
Tou Jiao Liquefied Natural Gas Receiving Terminal, Shenzhen to Tai Po Gas
Production Plant, Hong Kong [This designated project
is hereinafter referred to as “the Project”.] 擬建從深圳秤頭角液化天然氣接收站連接至香港大埔煤氣製造廠之海底輸氣管道 [本指定工程項目下稱"工程項目"] |
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Nature of Designated
Projects |
Submarine gas
pipelines. 海底輸氣管道。 |
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Location
of Designated Projects 指定工程項目的地點 |
The location of the Project is shown in Figure
1 attached to this Permit. |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction of twin 450mm diameter submarine
gas pipelines of approximately 28.5km in length. The submarine pipelines will be buried
to the seabed mainly by jetting method except that a short section of
pipelines in Mirs Bay will be laid after dredging. Engineering backfill will be applied
afterwards to the various sections as indicated in Figure
2 of this Permit. 建造兩條長約28.5公里，直徑450毫米的海底輸氣管道。輸氣管道主要會用水力噴注法埋於海床，但位於大鵬灣的一小段會用挖掘工程敷設。 各段管道敷設完成後會進行回填工程，如本許可證圖2所示。 |
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 EIA Ordinance Register Office.
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 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 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 constructed in accordance with the
information and recommendations described in the EIA Report, EIA Executive
Summary, EM&A Manual (Register No. AEIAR-071/2003), 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 ongoing 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, 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 Cof this
Permit. Any variations 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
[Not used]
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.
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 no later than one month before the 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 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 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 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, 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 Contractor or the IEC for the Project.
2.2
An Independent
Environmental Checker (IEC) shall be employed no later than one month
before the 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 contemporaneous
records of 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 occurrence, 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. Where 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.
Submission and Measures During
Construction of the Project
Management Organization of Main Construction Companies
3.1
[Not used]
Construction Methods
3.2
The Project shall be constructed by using the
appropriate installation techniques for the various sections of the pipelines
alignment as described in the EIA Report and as indicated in
Figures 1 and 2 of this Permit.
Pilot Test on Jetting Performance
3.3
A pilot test on the jetting
technique as described in Section 3 of the EM&A Manual shall be fully and
properly carried out for the purpose of verifying the water quality modelling
predictions in the EIA Report. The
results of the pilot test shall provide the basis to determine any remedial
actions during the subsequent jetting operation. If the results indicate that the
modelling predictions are being exceeded, remedial action, such as reduction in
jetting speed, shall be taken immediately after the pilot test to ensure that
exceedance of the Action and Limit levels for impact monitoring as defined in the
EM&A Manual will not occur. The
remedial action, including any reduction in jetting speed, shall be certified
by the ET Leader and verified by the IEC as conforming to the predicted
environmental performance in the EIA Report.
Mitigation Measures
3.4
To mitigate water quality impact arising from the construction works of
the Project, the forward speed of the jetting machine for the construction
of pipelines section between Location A to Location C, as shown in Figure
1 of this Permit, shall not exceed 67.5 metres per hour and 1.08 kilometres
per day; and that for the construction of pipelines section between Location
C to Location G shall not exceed 67.5 metres per hour and 1.62 kilometres
per day.
3.5
Silt curtain shall be installed as indicated in Figure
3 of this Permit and properly maintained when works are being carried
out at the Tai Po landing point site and the shore approach section, and when
jetting works are being carried out within 2 kilometres from the proposed
landing point at the seawall of the Tai Po Industrial Estate, except during
the pilot test on jetting performance as required in Condition 3.3 above. Any proposal to modify the length of silt
curtain shall be supported by EM&A results and submitted for the agreement
by the Director before implementation. The environmental acceptability of such
modification shall also be certified by the ET Leader and verified by the
IEC before submission to the Director.
3.6
Grab dredger shall be used for the dredging works between Location D to
Location E as shown in Figure 1
of this Permit, and no more than three grab dredgers operating with a separation
distance of no less than 1,000 m between each other shall be allowed to dredge
at any one time along the pipelines route.
3.7
The dredging rate for each grab dredger during dredging between Location
D to Location E, as shown in Figure
1 of this Permit, shall not exceed 250 cubic metres per hour and 6,000
cubic metres per day.
3.8
To avoid localised aesthetic impacts at the sea surface due to escape of
marine mud from the ascending grab to the upper layer of the water column,
frame type silt curtain with details shown in Figure
4 and Figure 5 of this Permit
shall be employed at each grab dredger for dredging between Location D to
Location E as shown in Figure 1 of
this Permit. The silt curtains shall be properly maintained
throughout the dredging operation.
3.9
All barges used for the transport of dredged materials shall be fitted
with tight bottom seals and filled to an appropriate level to ensure that
dredged materials do not spill over during transport to the disposal site, and
adequate free board shall be maintained to ensure that the decks are not washed
by wave action.
3.10
Dredging works and jetting works of the Project shall not be carried out
simultaneously.
4.
Environmental Monitoring and Audit (EM&A) Requirements
During Construction Period
4.1
The EM&A programme for
the construction of the Project shall be implemented in accordance with the
procedures and requirements set out in the EM&A Manual. Any changes to the EM&A programme
shall be justified by the ET Leader and verified 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
Samples, measurements and
necessary remedial actions shall be taken in accordance with the requirements
of the EM&A Manual by:
(a)
conducting baseline
environmental monitoring on water quality and marine ecology;
(b)
conducting impact monitoring
on water quality and marine ecology;
(c)
carrying out remedial
actions described in the Event/Action Plans of the EM&A Manual in
accordance with the time frame set out in the Event/Action Plans, or as agreed
by the Director, in case where specified criteria in the EM&A Manual are
exceeded; and
(d)
logging and keeping records of
the details of (a) to (c) above for all parameters in accordance with the time
requirements set out in the EM&A Manual and in any event no later than
three 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 two weeks before the 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 two weeks after the end of the reporting month. The EM&A Reports shall include a
summary of all non-compliance (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 provided to the Director upon request by the
Director.
Monitoring of Corals
4.6
The impacts on corals shall
be monitored in accordance with Section 4 of the EM&A Manual when jetting
works are being carried out within the Tolo Channel (between Wong Wan Tsui and
Wong Chuk Kok Tsui) and when dredging works on the Shenzhen side of this
Project are being carried out within 1 kilometre of the Hong Kong SAR boundary.
Consideration of Using Additional Silt Curtain based on EM&A Results
4.7
If the EM&A results indicate that the elevation of suspended sediment
concentrations caused by the Project at the coral sites, in particular at Fung
Wong Fat, is likely to exceed the Limit Level of 10 mg/L, the installation of
additional silt curtain to protect the corals shall be considered, together
with other potential mitigation measures, under the Event and Action Plan and
implemented accordingly, if found necessary.
5.
Electronic Reporting of EM&A Information
5.1
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 hard copies as
described in Condition 4 above 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 hard copies.
5.2
The
Permit Holder shall, within three weeks after the commencement of construction
of the Project, set up a dedicated Internet web site 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 5.1 above shall
be made available to the public via the abovementioned dedicated Internet web
site in the shortest possible time and in any event no later than two weeks
after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director.
5.3
The Internet web site as described in Condition 5.2
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 web site shall have features
capable of:
(a)
providing access to all environmental monitoring
data of this Project collected as required under this Permit;
(b)
providing access to all finalized submissions as
required under this Permit;
(c)
searching by date;
(d)
searching by types of monitoring data (water quality
and marine ecology); and
(e)
hyperlinking 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 (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 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 the 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 Environmental Impact Assessment Ordinance
(the “Ordinance) to the Director for a variation of the conditions of this
Permit. The Permit Holder shall
replace the original permit displayed on the construction site by the amended
permit.
4.
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.
5.
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. 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 of the Project, another 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 a designated project
listed in Part I of Schedule 2 of the Ordinance without a valid environmental
permit.
7.
Any person who constructs
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.
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 Ordinance for
details and seek independent legal advice.
Figure
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