Environmental Permit No. FEP-03/215/2005/A
環境許可證編號FEP-03/215/2005/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 及
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
A部 (許可證主要部分)
Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance
(the Ordinance), the Director of Environmental Protection (the Director) grants
this Further Environmental Permit to CHINA STATE CONSTRUCTION ENGINEERING
(HONG KONG) LIMITED (hereinafter referred to as the “Permit Holder”) to
construct the designated projects described in Part
B of this Permit subject to the conditions described 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中國建築工程(香港)有限公司（下稱“許可證持有人”）以建造B
部所說明的指定工程項目，但須遵守本許可證 C 部所說明或附載的條件。
The issue of this
further environmental permit is based on the documents, approvals or
permissions described below:
本新的環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
|
Application No. 申請書編號： |
FEP-070/2005 |
|
Document in the Register: 登記冊上的文件： |
(1) (Register
No.: AEIAR-083/2005) [Hereinafter referred to as the “EIA Report”] (1) 九龍南環線環境影響評估報告，環境監測及審核手冊及行政摘要 (登記冊檔號: AEIAR-083/2005) [下稱 “環評報告”] (2) The Director’s letter of approval of the EIA Report dated 30 March
2005 [Ref.: ( ) in EP2/G/A/121 Pt. 3] (2) 署長於2005年3月30日發出批准環評報告的信件 [檔案編號: (
) in EP2/G/A/121 Pt. 3] (3) Application documents including all attachments submitted by
Kowloon-Canton Railway Corporation on 4 April 2005 (Application No.
AEP-215/2005) (3) 申請文件包括九廣鐵路公司於2005年4月4日提交的所有附件(申請書編號: AEP-215/2005) (4) Environmental Permit issued – Permit No.:
EP-215/2005 issued on 3 May 2005. (4) 已簽發的環境許可證 - 許可證編號 : EP-215/2005 於 2005年5 月3日簽發。 (5)
Application for Variation of an Environmental Permit No. VEP-187/2005. [Hereafter referred to as “the
Application No. VEP-187/2005”] (5) 申請更改環境許可證編號 VEP-187/2005。 [下稱 “申請書編號 VEP-187/2005”] |
|
Application No. 申請書編號： |
FEP-070/2005 |
|
Document in the Register: 登記冊上的文件： |
(6) Environmental Permit issued – Permit No.:
EP-215/2005/A issued on 9 August 2005. (6) 已簽發的環境許可證 - 許可證編號 : EP-215/2005/A 於 2005年8 月9日簽發。 (7) Application for Further Environmental
Permit No. FEP-070/2005. [Hereafter referred to as “the Application No.
FEP-070/2005”] (7) 申請新的環境許可證編號 FEP-070/2005。 [下稱 “申請書編號 FEP-070/2005”] |
|
29 September 2005
Date 日期 |
|
(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代行) |
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 |
[This designated project is hereinafter
referred to as “the Project”] 九龍南線合約KDB400–隧道 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
Construction
of an approximately 1,050 m underground railway tunnel and associated civil
works. 興建一條長約1,050米的地底鐵路隧道及進行有關的土木工程。 |
|
Location of Designated Project 指定工程項目的地點 |
|
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction
of an approximately 1,050 m underground railway tunnel and associated civil
works and the Yau Ma Tei Ventilation Building. 興建一條長約1,050米的地底鐵路隧道及進行有關的土木工程及油麻地通風樓。 |
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) 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 or 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 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 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’s 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 designed and constructed in
accordance with the information and all recommendations described in the EIA
Report (Register No.: AEIAR-083/2005), other relevant documents in the
Register; and the information or mitigation measures described in this Permit,
and 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 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
All
deposited 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 Environmental Impact Assessment Ordinance.
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 in Conditions 2.1 and 2.2 below, before submitting
to the Director under this Permit.
1.10
The
Permit Holder shall release all finalised 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 means as specified by the
Director, for public inspection. For this purpose, the Permit Holder shall
provide sufficient copies of the submissions.
1.11
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.
1.12
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 finalised 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 hardcopies.
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.
1.14
The Director shall be notified in writing
the commencement date of operation of the Kowloon Southern Link and the
associated railway station no later than one month prior to the commencement of
operation of the Kowloon Southern Link. The Director shall be notified immediately
in writing if there is any change of the commencement date of the operation.
(see note 8)
1.15 This Permit shall not remove
the responsibility of Kowloon-Canton Railway Corporation and any person working
on the Kowloon Southern Link to comply with the conditions set out in Part
C of the Environmental Permit No. EP-215/2005/A or where applicable any
subsequent environmental permit (EP) amended by the Director under the Ordinance.
2.
Measures
before Commencement of Construction of the Project
2.1 An Environmental Team (ET) shall be established
by the Permit Holder no later than one month before the commencement of
construction of the Project. The ET shall not be in any way an associated body
of the Independent Environmental Checker (IEC) for the Project. The ET shall be
headed by an ET Leader. The ET Leader shall be a person who has at least 7
years of 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 EM&A
requirements as contained in the EM&A Manual of the Project. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report (Register No. AEIAR-083/2005) and this
Permit. The ET Leader shall notify the IEC within one working day of the
occurrence of any such instance or circumstance or change of circumstances. The
ET Leader’s 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 (Register No. AEIAR-083/2005) 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.
(see note 7)
2.2 An Independent Environmental Checker (IEC) shall
be employed no later than one month before commencement of construction of the
Project. The IEC shall not be in any way an associated body of the Contractor
or the ET for the Project. The IEC shall be a person who has at least 7 years
of 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 performance, 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, within one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the EIA Report (Register No.
AEIAR-083/2005) and this Permit, which might affect the monitoring or control
of adverse environmental impacts from the Project. In the case 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 Permit Holder by notice in writing to
replace the IEC. Failure to replace the IEC as directed or further failure to
so notify the Director despite employment of a new IEC may render the Permit
liable to suspension, cancellation or variation. Notification by the Permit
Holder is the same as notification by the IEC for the purpose of this
Condition. (see note 7)
2.3 At
least two weeks before the commencement of construction of the Kowloon Southern
Link, the Director shall be informed 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. (see note 7)
2.4 An
Environmental Management Plan (EMP) shall be submitted at least one month
before the commencement of construction of the Project. Before submission to
the Director, the EMP shall be certified by the ET Leader and verified by the
IEC as conforming to the information and recommendations contained in the EIA
Report (Register No.: AEIAR-083/2005).
The EMP shall demonstrate and ensure effective implementation of the mitigation
measures, monitoring and remedial requirements presented in the EIA Report (Register No.: AEIAR-083/2005),
EM&A Manual and Environmental Mitigation Implementation Schedule. The EMP
shall also contain a master construction programme with programmes of associated
construction activities at each work site, in particular, the date of
commencement of construction of the Tunnel Boring Machine (TBM) launching
shaft, the date of commencement of excavation of contaminated material/soil and
the date of commencement of dewatering of contaminated groundwater. The EMP
shall provide the chainages of the various tracks types to be laid along the
alignment of the Project. (see note 8)
2.5 No
later than one month before the commencement of the Project, five (5) hard
copies and one electronic copy of an updated EM&A Manual for the Project
shall be submitted to the Director for approval. The updated EM&A Manual
shall be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA Report (Register
No. AEIAR-083/2005). The updated EM&A Manual shall include any updated
noise and dust monitoring location(s); monitoring requirement for groundwater
level and quality at selected points near the site boundary; monitoring requirement
for construction ground borne noise at the Hong Kong Cultural Centre,
2.6 No later
than one month prior the commencement of construction of the Project, five (5)
sets of Waste Management Plan (WMP) shall be prepared and deposited to the
Director. 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 (Register No. AEIAR-083/2005). The
WMP shall:
(i)
clearly define the duties and responsibilities
of different parties in carrying out the activities described in the WMP;
(ii)
provide all key information (including but
not limited to the types and quantities of waste, timing and activities of
waste generation, locations for temporary storage, considerations for recycle,
reuse and destinations for final disposal);
(iii)
work out the detailed arrangements on how
to minimize the disposal quantity of construction and demolition material
(C&DM) of the Project (including adopting an appropriate purchasing
strategy to avoid generation of C&DM, and sensible design and construction
methods to minimize the generation of C&DM, together with arrangements for
recycling/reusing the C&DM on-site for other stages and/or other sections
of the Project or even off-site for other projects);
(iv)
elaborate in detail the arrangements and
procedures on how the above solution shall be implemented on-site to establish
an implementation plan. The details shall include, where appropriate, the
specific measures to be adopted for minimizing waste generation; the timing and
quantities of different types of waste arising from various stages or sections
of the Project; the temporary storage arrangements of different types of waste including
the locations of the designated segregation and storage areas; the reuse/recycling
arrangements including the locations of any specific sections of Project or any
other projects; the destinations, modes and routes of waste disposal; the various
parties responsible for implementing the various waste management
recommendations. The implementation plan shall be practicable and enforceable;
(v)
recommend a proper recording and
management system to keep track of the compliance with the plan to facilitate
audit purpose;
(vi)
take into account the latest C&DM
disposal arrangement and address the associated environmental impacts that may
arise;
(vii)
provide information on the management and
disposal of marine deposit/alluvium arising from the Project.
All measures
recommended in the deposited WMP shall be fully and properly implemented by the
Permit Holder and any person working on the Project throughout the construction
period. (see note 8)
2.7 A
Community Liaison Office shall be set up prior to the commencement of
construction and during the construction of the Project to service complaints,
comments, suggestions or requests for information. The Director shall be
notified of the date of setting up the Community Liaison Office at least 2
weeks before the commencement of construction of the Project. (see notes 8 and
9)
2.8 Within
one month of the commencement of construction of the Project, a plan and a
system of web cameras shall be proposed for the Director’s agreement. The
web camera(s) shall be designed to provide sufficient locations/views covering
the whole alignment of the Kowloon Southern Link as shown in Figure
1a of this Permit. (see note 8) The locations shall include at least and,
in particular:
(i)
The construction access shaft;
(ii)
The Tunnel Boring Machine (TBM) launching
shaft at the southern end of West Kowloon Station; and
(iii)
In addition, any other major works area(s)
as necessary.
3. Measures
during Construction of the Project
Measures
to Mitigate Construction Noise Impact
3.1 Purpose
built temporary noise barriers of 2.4m high with no openings or gaps and having
a superficial surface density of at least 14kg/m2 shall be erected
on the site boundaries between noisy construction activities and noise
sensitive receivers (NSRs) to provide a minimum of 5dB(A) attenuation for low
level noise sensitive receivers.
3.2 Movable
temporary noise barriers on a skid footing with cantilevered upper portion,
of superficial density of no less than 14kg/m2 and with 25mm thick
internal sound absorptive lining shall be located and used at the worksites
as shown in Figure 2 of this Permit
to shelter concrete lorry mixer, concrete pump truck, lorry/dump truck, concrete
pump truck and hydraulic breaker operations. Movable barriers or flexible
acoustic mat (shroud) shall be used for Powered Mechanical Equipment (PME)
including pipe pile, rigs and auger. Full enclosure shall be used to shelter
static plant including air compressor, generator, grout pump. The full enclosure,
movable barriers and acoustic mat shall achieve no less than the noise reduction
as listed below:
(i) enclosure
with 10dB(A) noise reduction for air compressor, electric grout pump, filtering
plant/desander, silenced generator, electric grout mixer and water pump;
(ii) enclosure
with 5dB(A) noise reduction for bentonite filtering and mixing plant;
(iii) movable
barrier with 5dB(A) noise reduction for handheld breaker, circular saw, crawler
drill and electric drill hole machine;
(iv) acoustic
mat with 5dB(A) noise reduction for auger, chisel, electric down the hole rig,
piling, crawler crane/chisel/oscillator/reverse circulation drill (RCD) and
pipe pile rigs.
Measures
to Mitigate Construction Water Quality Impact
3.3 There
shall be no dredging activities, marine work, reclamation work.
3.4 There
shall be no direct discharge of groundwater into any waterbodies and water
systems. Contaminated groundwater from dewatering process shall be recharged
into the ground at selected discharging wells located within the stockpile
areas or temporary work areas. The location of the recharging wells shall be
selected at places where the groundwater quality shall not be adversely
affected by the recharging operation. Based on the EIA Report (Register No.
AEIAR-083/2005), a working plan including the number of recharge wells and
their specific locations, the baseline parameters of the recharge and monitoring
locations, number of treatment facilities and their treatment capacities shall
be submitted one month prior to the dewatering process. (see note 8)
Measure
to Avoid Hazard
3.5 There shall be no overnight storage of
explosive.
Measures
to Mitigate Visual and Landscape Impact
3.6 All
security lighting shall be directed downward into the works sites and works
areas to control night lighting, light trespass and prevent glare impacting on
surrounding visual sensitive receivers.
3.7 Within
six months after the commencement of construction of the Project, five (5) sets
of detailed landscape drawing(s)/design drawing(s) shall be submitted to the
Director for approval (see note 8). The drawing(s) shall conform with the
recommendations in the EIA Report (Register No. AEIAR-083/2005), including:
(i)
A total of no more than 1,200 trees shall
be affected (i.e. felled or transplanted), of which no more than 105 trees
shall be of high amenity value;
(ii)
A minimum of 80% of the affected trees of
high amenity value shall be transplanted ;
(iii)
The total number of compensatory trees
shall not be less than 130% of the number of affected trees;
(iv)
Landscape proposals with compensatory
planting on the reinstatement and re-provision of the amenity areas and public
open spaces affected by the Project;
(v)
Compensatory trees shall be at least heavy
standard size, unless planting is on a slope, in which case, tree size will be
the largest practical size. Semi-mature size trees shall be used where
appropriate at sensitive and prominent locations such as the
(vi)
Details of architectural design, chromatic
treatment and visual and landscape mitigation measures for all above ground structures,
including Station Entrances, Vent Shafts, Plant Room, Emergency and Firemen’s
Accesses to show that they shall be sensitively designed in a manner that
responds to the existing and planned urban context, which may include soft
landscape measures to minimise the potential adverse landscape and visual
impacts;
(vii)
Temporary planting to be implemented along
east side of West Kowloon Station (WKN) structure to provide partial screening
and to create a pleasant pedestrian environment prior to any future property
development on the sites;
(viii)
Tall shrubs and climbing plants to be
planted against the face of the
(ix)
Covering the 150m concrete tunnel box at
(x)
Transplanting proposal and measures to
protect the trees to be retained within the construction site of the Project.
The
submitted drawings and proposals shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations
contained in the EIA Report (Register No. AEIAR-083/2005).
4. Measures
for Operation of the
Measures
for Operation Noise Impact
4.1 All
the tracks for the Kowloon Southern Link shall be laid underground except for
the 150m tunnel section at
4.2 In
accordance with the assumption in the EIA Report (Register No. AEIAR-083/2005),
there shall be no jointed track used in the Kowloon Southern Link to achieve
the operation noise performance in the EIA Report (Register No.
AEIAR-083/2005).
4.3
Within
one month after the completion of installing the tracks, five (5) copies of
as-built drawing(s) for the operation ground borne noise mitigation measures
(including the floating slab track) shall be deposited with the Director.
The drawing(s) shall be certified by the ET Leader and verified by the IEC
to confirm that the following length of track types are installed in accordance
with the locations specified in the EIA Report (Register
No. AEIAR-083/2005) and the Supplementary Document submitted with the Application No. VEP-187/2005
as indicated below
[1]
. (see note 8) The location of the track types are shown
in Figure 3 of this Permit.
(i) 130m
Type 2 track from East Tsim Sha Tsui Station overrun tunnel to New World Subway
Number 1;
(ii) 270m
Modified Type 4 track from New World Subway Number 1 to Former Marine Police Headquarters
(FMPHQ);
(iii) 1350m
Type 2 track from FMPHQ to
(iv) 1630m
Type 1 track from
(v) 240m
Type 2 track from Olympian City Phase 3 to Hoi Fai Road; and
(vi) 130m
Type 1 track from
4.4 Six
months prior to the operation of the Kowloon Southern Link, five (5) sets of
noise performance test proposal shall be submitted to the Director for
approval. The noise performance test proposal shall include key sensitive
receivers including the Hong Kong Cultural Centre,
4.5 Two
months prior to the operation of the Kowloon Southern Link, the noise
performance test in accordance with the approved noise performance test
proposal shall be carried out and five (5) sets of the noise performance test
report, on the basis of Condition 4.4, shall be deposited with the Director.
Before submission to the Director, the noise performance test report shall be
certified by the ET Leader and verified by the IEC. All measures as recommended
in the noise performance test report shall be fully and properly implemented.
(see notes 8 and 9)
4.6 In
accordance with the assumption in the EIA report, only West Rail Type Electric
Multiple Units (EMUs) shall be deployed on the Kowloon Southern Link. The train
length operating on the Kowloon Southern Link shall be limited to 9 cars
maximum with maximum frequency not exceeding 34 trains per hour in each
direction. Maintenance trains shall not operate on the Kowloon Southern Link
except during emergency and scheduled maintenance. (see note 9)
Measures for Operation
Water Quality Impact
4.7 At least
one month before the Kowloon Southern Link commences operation, audit shall be
carried out with confirmation in writing to the Director of the implementation
of the following operational water quality mitigation measures: (see note 8)
(i) Freshwater
cooling system shall be adopted to serve both the station and the tunnel;
(ii)
All
tracks shall be contained in concrete tunnel box with tunnel wall equipped with
water-tight liner.
The operational water quality mitigation
measures audit shall be certified by the ET Leader and verified by the IEC.
Measures
for Operation Visual and Landscape Impact
4.8 At
least one month before the Kowloon Southern Link commences operation, five (5)
sets of detailed landscape as-built drawing(s) showing the final locations of
tree plantings to demonstrate compliance with the approved submissions under
Condition 3.7 shall be made available to the Director. This final set of
as-built submission(s) shall be certified by the ET Leader and verified by the
IEC to demonstrate that Condition 3.7 is fulfilled. (see note 8)
5. Environmental Monitoring and Audit Requirements
5.1 The EM&A programme shall be implemented in
accordance with the procedures and requirements as set out in the updated
EM&A Manual approved under Condition 2.5 of this Permit. 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.
5.2 A
continuous noise monitoring programme shall also be implemented and operated in
accordance with the procedures and requirements as set out in the EM&A
Manual throughout the entire construction period.
5.3 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;
(b)
conducting
impact monitoring;
(c)
carrying
out remedial actions described in the Event/Action Plans of the EM&A Manual
in accordance with the time frames 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 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 for inspection on site.
5.4 Five
(5) 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. (see note 8)
5.5 Five
(5) hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within 10 working days 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 verified by the IEC. Additional copies of the submission
shall be provided to the Director upon request by the Director. (see note 8)
5.6 Within
three months of the commencement of construction of the Project, a system of
web cameras covering the location(s) as agreed with the Director shall be
installed and thereafter be maintained. The system shall provide real time
visual monitoring of the site condition accessible by public through the
dedicated web site set up under Condition 6.2. (see notes 8 and 9)
5.7 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
6.
Electronic Reporting of EM&A Information
6.1 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 5 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. (see note 8)
6.2 A
dedicated web site shall be set up with notification in writing to the Director
of the Internet address where the environmental monitoring and project data is
to be placed, within six weeks after the commencement of construction of the
Project. All environmental monitoring data described in Condition 6.1 above
shall be made available to the public via a dedicated web site to be set up 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. (see note 9)
6.3 The Internet website as described in
Condition 6.2 above shall enable user-friendly public access to the monitoring
and project data including the EIA Report (Register No.
AEIAR-083/2005) and the environmental permit(s) and the project profile of the Project.
The Internet website shall have features capable of:
(a)
providing access to all
environmental monitoring data collected since the commencement of works;
(b)
searching by date;
(c)
searching by types of
monitoring data (noise, water and air quality); and
(d)
hyperlinks to relevant
monitoring data after searching;
or otherwise as agreed
by the Director. (see note 9)
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 conditions 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 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 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.
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 or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the construction or operation of 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. Kowloon-Canton
Railway Corporation (KCRC), Holder of Environmental Permit (EP) (No.
EP-215/2005/A), is required under EP-215/2005/A, or any subsequent EP amended
by the Director under the Ordinance, to establish Environmental Team(s) (ET)
each of which shall be headed by an ET Leader; employ an Independent
Environmental Checker (IEC) and 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 Kowloon Southern Link (KSL).
The submitted information shall include at least an organization chart, names
of responsible persons and their contact details.
8. KCRC,
Holder of EP-215/2005/A, is required under EP-215/2005/A, or any subsequent EP
amended by the Director under the Ordinance:
(i)
to
submit to the Director the Environmental Management Plan (EMP);
(ii)
to
submit to the Director for approval the updated Environmental Monitoring and
Audit Manual (updated EM&A Manual);
(iii)
to
deposit to the Director the Waste Management Plan (WMP);
(iv)
to
notify the Director the date of setting up the Community Liaison Office;
(v)
to
propose a plan and a system of web cameras for the Director’s agreement;
(vi)
to
submit to the Director the working plan to manage contaminated groundwater
including the number of recharge wells and their specific locations, the
baseline parameters of the recharge and monitoring locations, number of
treatment facilities and their treatment capacities;
(vii)
to
submit to the Director for approval the detailed landscape drawing(s)/design
drawing(s) to demonstrate compliance with the approved submissions under
Condition 3.19 of EP-215/2005/A, or where applicable equivalent condition in
any subsequent EP amended by the Director under the Ordinance;
(viii)
to
deposit with the Director the as-built drawing(s) for the operation ground
borne noise mitigation measures (including the floating slab track);
(ix)
to
submit to the Director for approval the noise performance test proposal;
(x)
to
deposit with the Director the noise performance test report;
(xi)
to
carry out audit and confirm in writing to the Director of the implementation of
the operational water quality mitigation measures;
(xii)
to
deposit with the Director the detailed landscape as-built drawing(s) showing
the final locations of tree plantings;
(xiii)
to
submit to the Director the hard copy and electronic copy of the Baseline
Monitoring Report;
(xiv)
to
submit to the Director the hard copy and electronic copy of the monthly
EM&A Report;
(xv)
to
notify the Director in writing the commencement date of operation of the KSL.
All submissions or any variation of the submissions shall be certified
by the ET Leader(s) and verified by the IEC before submitting to the Director.
9. KCRC,
Holder of Environmental Permit EP-215/2005/A, is required under EP-215/2005/A,
or any subsequent EP amended by the Director under the Ordinance:
(i)
to
set up a Community Liaison Office prior to the commencement of construction and
during the construction of KSL to service and respond to complaints, comments,
suggestions or requests for information with a view to minimize the extent and
duration of exposures of environmental nuisance to affected parties;
(ii)
to
install and thereafter maintain a system of web cameras covering the
location(s) as agreed with the Director under Condition 2.10 of the
EP-215/2005/A, or where applicable equivalent condition in any subsequent EP
amended by the Director under the Ordinance;
(iii)
to
set up a dedicated web site and notify the Director in writing the Internet
address where the environmental monitoring and project data is to be placed;
(iv)
to
carry out the noise performance test in accordance with the noise performance
test proposal approved under Condition 4.4 of EP-215/2005/A, or where
applicable equivalent condition in any subsequent EP amended by the Director
under the Ordinance;
(v)
to
only deploy West Rail Type Electric Multiple Units (EMUs) on the KSL and
to limit the train length operating on the KSL to 9 cars maximum with maximum
frequency not exceeding 34 trains per hour in each direction. Maintenance
trains shall not operate on the KSL except during emergency and scheduled
maintenance.
10. 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 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.
11. 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.
12. 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-03/215/2005/A
環境許可證編號
FEP-03/215/2005/A
[1] (i) Track Type 1 = Resilient baseplate, Type 2 = 12.5Hz Floating Slab Track (FST), Modified Type 4 = 10Hz Modified FST with plain bearing.
(ii)The tracks length in Condition 4.3 shall be translated into track chainages in the submission under Condition 2.4 of this Permit to enable their checking and audit to ensure compliance with the EIA Report (Register No. AEIAR-083/2005) predictions.
|Figure 1a | Figure 1b |Figure 2 |Figure 3 |
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