Environmental
Permit No. FEP-04/039/2000/F
環境許可證編號 FEP-04/039/2000/F
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10 及12 條
ENVIRONMENTAL
PERMIT TO OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
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) granted this environmental permit to MTR Corporations Limited (hereinafter referred to as the "Permit Holder") to operate the designated project(s) 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>> (環 評 條 例 )第 10及 12 條 的 規 定 ﹐ 環 境 保 護 署 署 長 (署 長 ) 將 本 環 境 許 可 證 批 予 香 港 鐵 路 有 限 公 司 (港 鐵 公 司) (下 稱 "許 可 證 持 有 人")以 營 辦 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 本 許 可 證 C部 所 說 明 或 附 載 的 條 件 。
The issue of this environmental permit is based on the documents, approvals or permissions described below:
本環境許可證乃依據下列文件、批准或許可條件而簽發–
|
Application
No. 申請書編號： |
FEP-081/2007 |
|
Document
in the Register: 登記冊上的文件： |
Tai
Wai to Ma On Shan Extension – Environmental Impact Assessment Study (Register
No. AEIAR-028/1999) (3 volumes dated October 1999) [hereinafter
referred to as the “EIA Report”] The
Director’s letter approval of the EIA Report dated 15 January 2000 ref () EP2/N1/A/38 東鐵延伸段：大圍至馬鞍山段環境評估 (登記冊編號：AEIAR-028/1999)(3卷1999年10月) [下稱“環評報告”] 署長已於二零零零年一日十五日發出批准該環評報告的信。 |
|
Document
in the Register: 登記冊上的文件： |
Environmental
Permit issued – Permit No.: EP-039/2000 issued on 15 January 2000. 已簽發的環境許可證 — 許可證編號：EP-039/2000於2000年1月15日簽發。 Application
for Variation of an Environmental Permit No. VEP-012/2000. [Hereafter referred to as “the
Application VEP-012/2000”] 申請更改環境許可證編號VEP-012/2000。 [下稱“申請書編號VEP-012/2000”] Environmental
Permit issued – Permit No.: VEP-012/2000/A/EP-039 issued on 20 April 2000. 已簽發的環境許可證 — 許可證編號：VEP-012/2000/A/EP-039於2000年4月20日簽發。 Application
for Variation of an Environmental Permit No. VEP-031/2000. [Hereafter referred to as “the
Application VEP-031/2000”] 申請更改環境許可證編號VEP-031/2000。 [下稱“申請書編號VEP-031/2000”] Environmental
Permit issued – Permit No.: VEP-031/2000/B/EP-039 issued on 1 November 2000. 已簽發的環境許可證 — 許可證編號：VEP-031/2000/B/EP-039於2000年11月1日簽發。 Application
for Variation of an Environmental Permit No. VEP-057/2001. [Hereafter referred to as “the
Application VEP-057/2001”] 申請更改環境許可證編號VEP-057/2001。 [下稱“申請書編號VEP-057/2001”] Environmental
Permit issued – Permit No.: EP-039/2000/C issued on 21 December 2001. 已簽發的環境許可證 — 許可證編號：EP-039/2000/C於2001年12月21日簽發。 Application
for Variation of an Environmental Permit No. VEP-085/2003. [Hereafter referred to as “the
Application VEP-085/2003”] 申請更改環境許可證編號VEP-085/2003。 [下稱“申請書編號VEP-085/2003”] |
|
Document
in the Register: 登記冊上的文件： |
Environmental Permit issued – Permit No. EP-039/2000/D issued on 13 March 2003. 已簽發的環境許可證 — 許可證編號：EP-039/2000/D於2003年3月13日簽發。 Application
for Variation of an Environmental Permit No. VEP-157/2004. [Hereafter referred to as “the
Application VEP-157/2004”] 申請更改環境許可證編號VEP-157/2004。 [下稱“申請書編號VEP-157/2004”] Environmental
Permit issued – Permit No. EP-039/2000/E issued on 16 November 2004. 已簽發的環境許可證 — 許可證編號：EP-039/2000/E於2004年11月16日簽發。 Application
for Variation of an Environmental Permit No. VEP-182/2005. [Hereafter referred to as “the
Application VEP-182/2005”] 申請更改環境許可證編號VEP-182/2005。 [下稱“申請書編號VEP-182/2005”] Environmental
Permit issued - Permit No. EP-039/2000/F issued on 26 July 2005. 已簽發的環境許可證 — 許可證編號：EP-039/2000/F於2005年7 月26日簽發。 Application
for Further Environmental Permit No. FEP-081/2007) 申請之新的環境許可證編號FEP-081/2007。 [下稱“申請書編號FEP-081/2007”] |
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24 December 2007 |
|
|
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Date 日期 |
|
(Maurice K.L. Yeung) Principal Environmental Protection
Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
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 :
下列為本環境許可證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 |
East Rail Extensions – Tai Wai to Ma On Shan [This
designated project is hereinafter referred to as “the Project”] 東鐵延伸段：大圍至馬鞍山 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
Operation of
approximately 11.4 km of railway and its associated stations. 營運一條長約11.4公里的鐵路及相關的火車站。 |
|
Location of Designated Project 指定工程項目的地點 |
From
Tai Wai in Sha Tin to Lee On in Ma On Shan. Figure 2.1a of the EIA Report, and
Figures 1.2d and 1.2e of the Application VEP-012/2000 show the locations of
the works. 由沙田大圍至馬鞍山利安，環評報告的圖2.1a及2.1b和申請書編號VEP-012/2000的圖 1.2d及1.2e 顯示工程的位置。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Operation of
approximately 11.4 km of railway, nine new stations (at Tai Wai, Sha Tin Tau,
Sha Kok Street, City One, Shek Mun, Chevalier Garden, Heng On, Ma On Shan and
Lee On), a depot at Tai Wai, and two infeed substations. 營運一條長約11.4公里的鐵路、九個新建火車站 (分別設於大圍、沙田頭、沙角街、第一城、石門、富安花園、恆安、馬鞍山及利安)、一個位於大圍的車廠和兩個變壓站。 |
1. General
Conditions
1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.
1.2 The Permit Holder shall ensure full compliance with all legislation currently in force such as the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and others. This permit does not of itself constitute any ground of defence against any proceedings instituted 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 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.
1.5 The Permit Holder shall operate the Project in accordance with the project description in Part B of this permit.
1.6 The Permit Holder shall ensure that the Project is operated in accordance with the information and all recommendations described in the EIA Report (Register No. AEIAR-028/1999); other relevant documents in the Register, the information and 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 ongoing 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.
1.7 All deposited submissions as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director’s comments, unless otherwise specified by the Director.
1.8 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this permit shall be construed as part of the permit conditions described in Part C of this permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499).
1.9 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
2.
Measures
during operation of the Project
2.1 The Permit Holder shall maintain the noise barriers and enclosures as described in Figures 1 to 10, and Figures 14 to 20 and Table 1 as attached to this permit.
2.2 The Permit Holder shall maintain the additional noise mitigation measures in the form of rail noise absorbers adjacent to the rails, sound absorption panels above the derailment constraints and walkway extension of both wayside and trackside with details as shown in Figure 21 and at locations as specified in Table 2 and Table 3 and Figures 22 to 25 as attached to this permit.
2.3 The
Permit Holder shall maintain the 2m high visual barriers on top of the viaduct
parapet walls at the locations as specified in Table 4 and
Figures 26 to 29 as
attached to this permit.
2.4 The Permit Holder shall maintain the Multi-plenum System on all viaduct sections of the Project as described in the drawings and explanatory statements previously approved by the Director under Condition 2.8 of the Environmental Permit No. EP-039/2000/C on 13 May 2002.
2.5 The depot at Tai Wai shall be semi-enclosed with openings only directly facing the East Rail, and the depot shall be operated in accordance with other textural information recommendations in the Application VEP-012/2000.
2.6
The alignment of Project near
2.7 The noise mitigation measures for the section between the City One Station and Shek Mun Station shall be maintained in accordance with Table 1 and Figures 4 of this Permit and information and recommendations in the Application VEP-057/2001 and the Application VEP-085/2003.
2.8
The track alignment of the
Project in the vicinity of the depot of Tai Wai shall be maintained in
accordance with Figures 1 and 2 of this Permit and the information and recommendation
in the Application VEP-157/2004.
2.9 The nominal vertical gap with between the vehicle skirt and the derailment constraint shall be maintained at 300mm as provided in the Application VEP-157/2004.
2.10 Prior to the operation of the 8-car electric train mode of the Project, the Permit Holder
shall submit to the Director for approval 3 copies of a performance test proposal to illustrate that the operation of the 8-car electric train mode of the Project would meet the specification of maximum level (Lmax) not exceeding 82.1 dB(A) at 100kph, measured from a distance of 25m, on at-grade ballasted tracks and without under vehicle plenum. The performance test proposal shall be verified by the IEC.
2.11 Prior to the operation of the 8-car electric train mode of the Project, the Permit Holder shall deposit with the Director a report, on the basis of Condition 2.10. The performance test report shall be verified by the IEC.
2.12 Prior to the operation of the 8-car electric train mode of the Project, the noise enclosure as shown in Table 5 and Figures 30 to 31 attached to this permit, and any associated mitigation measures in the EIA Report and previous environmental permits shall be implemented and maintained during the operation of the Project.
2.13 The speed of trains traveling in the overrun section between chainage CH30130 and CH30330 shall not exceed 15kph when the air conditioning units of trains are switched on in the overrun section or inside the depot of Tai Wai as provided for in the Application VEP-182/2005.
2.14 During operation of the Project, the Permit Holder shall implement the measures in Appendix A to control run-off.
2.15 The permit holder shall implement and maintain
the landscape works as detailed in the landscape plans approved by the Director
under condition 2.5 of Environmental Permit No. VEP-031/2000/B/EP-039 and any subsequent
changes approved by the Director.
3. Environmental
Monitoring and Audit
3.1 The enhanced EM&A programme shall be implemented as set out in the EM&A Manual approved by the Director under Condition 2.3 of Environmental Permit No. EP-039/2000/B on 15 January 2001. Any change to the enhanced EM&A programme shall be justified by the IEC as conforming to the requirements set out in the approved EM&A Manual before submission to the Director for approval.
3.2 The
actions described in the Event/Action Plans of the approved EM&A Manual
shall be carried out, in accordance with the time frame set out in the
Event/Action Plans, or as agreed by the Director.
Environmental Permit No. FEP-04/39/2000/F
環境許可證編號 FEP-04/39/2000/F
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,
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 Project 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, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.
6. If this Permit is cancelled or surrendered during operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26 (1) of the Ordinance to operate a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable :
(i) on a first conviction on indictment
to a fine of $2 million and to imprisonment for 6 months;
(ii) on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
(iii) on a first summary conviction to a
fine at level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is
of a continuing nature, the court or magistrate may impose a fine of $10,000
for each day on which he is satisfied the offence continued.
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.
Measures to Mitigate Environmental Impacts from Runoff During Operation
(a) along entire MOS alignment, a surface water drainage system shall be provided to collect track runoff. Where oils and lubricating fluids could be spilt, the track drainage channels discharge shall pass through oil interceptors and sediment traps to remove oil, grease and sediment before being diverted to the public storm water system;
(b) at stations, the depot and along the entire MOS alignment, silt traps, sediment basins and oil interceptors shall be designed to appropriate design standards, and whilst in use, regularly cleaned and maintained in good working order. The efficiency of these installations is dependent on regular cleaning and maintenance;
(c) at all areas with the potential for the generation of contaminated effluent long entire MOS alignment (particularly the depot), on-site drainage shall focus on areas where contaminated effluent may be generated and provide a clear segregation of clean and contaminated effluents; and
(d) at stations, the depot and along the entire MOS alignment, oily contents of oil interceptors shall be collected for recycling, or transferred to an appropriate disposal facility.
(Extracted from Table 4.5h
of the EIA Report, the Application VEP-012/2000, the Application VEP-057/2001, the Application VEP-085/2003, and the Application
VEP-157/2004)
|
Section between
Stations |
Chainage or Length |
Noise Measures |
|
Hin Keng to Tai Wai |
10,061 – 10,447 386m 10,180 – 10,371 191m 10,370 – 10,720 350m 10,479 – 10,509 30m |
retaining wall (RW7) at a height of 0.95m above the rail level (see Figures 1, 14, 15 and 16 for details) retaining wall (RW5) at a height ranging from 2m to 8m above the rail level (see Figures 1 and 17 for details) retaining wall (RW3A) at a height ranging from 1m to 5m above the rail level (see Figures 1, 2, 18 and 19 for details) retaining wall (RW2D) at a height ranging from 2m to 3m above the rail level (see Figures 1 and 20 for details) |
|
Tai Wai to |
12,720 – 12,880 up |
2m high barrier above 2.1 m high parapet wall |
|
City One to Shek Mun |
14,384- 14,600 down 14,535 to 14,850 down 14,535 to 14,760 up |
Absorptive cantilever barrier (barrier top extending at least 1m over the track centerline) above the parapet wall Center wall* [see note (iii)] (inboard plenum) between down-track and pocket track Center wall* [see note (iii)] (inboard plenum) between up-track and pocket track |
|
Shek Mun to |
15,860 – 16,120 down |
3m high
noise barrier above 2m high containment wall |
|
|
18,565 – 18,693 down |
Enclosure |
|
Heng On to Ma On Shan |
19,480 – 19,560 down |
1.5m high noise barrier above 2.1m high parapet wall |
|
Ma On Shan to Lee On |
21,010 – 21,175 down |
Enclosure |
Notes:
(i)
barrier height is above
standard viaduct parapet, or the ballast track bed, or otherwise specified in this table.
(ii)
absorptive
material shall be based on Table 4.5n of the EIA Report.
(iii) openings of about 2m at point machine locations as shown in Figures 11, 12 and 13 of this Permit.
(iv) 20,000 shall be added to the chainages as shown above to correspond to the chainages as shown in the attached Figures 1,2 and 14 to 20 and in the actual site markings.
(to be read in conjunction
with Figures
21, 22, 23,
24 and 25
attached to this Permit)
(Extracted from the
Application VEP-157/2004)
|
Track |
Chainage |
Length |
|
Up (N/B) |
11,643 – 11,875 |
232m |
|
12,300 – 12,420 |
120m |
|
|
12,719 – 13,278 |
559m |
|
|
13,499 - 13,638 |
139m |
|
|
13,680 - 13,950 |
270m |
|
|
14,135 - 14,375 |
240m |
|
|
14,600 - 14,760 |
160m |
|
|
18,850 – 19,231 |
381m |
|
|
19,571 – 20,320 |
749m |
|
|
20,354 – 21,004 |
650m |
|
|
21,187 - 21,367 |
180m |
|
|
Down (S/B) |
11,650 – 11,880 |
230m |
|
12,307 – 12,427 |
120m |
|
|
12,170 – 13,280 |
570m |
|
|
13,500 – 13,640 |
140m |
|
|
13,677 – 13,951 |
274m |
|
|
14,120 – 14,381 |
261m |
|
|
14,600 – 14,760 |
160m |
|
|
19,020 – 19,220 |
200m |
|
|
19,560 – 20,315 |
755m |
|
|
20,350 – 20,998 |
648m |
|
|
21,180 – 21,365 |
185m |
(Extracted from the
Application VEP-157/2004)
|
Track |
Chainage |
Length |
|
Up (N/B) |
11,643 – 11,875 |
232m |
|
12,300 – 12,420 |
120m |
|
|
12,600 – 13,278 |
678m |
|
|
13,499 – 13,638 |
139m |
|
|
13,682 – 13,939 |
257m |
|
|
14,135 – 14,395 |
260m |
|
|
14,468 – 14,800 |
332m |
|
|
18,850 – 19,231 |
381m |
|
|
19,571 – 20,320 |
749m |
|
|
20,354 – 21,004 |
650m |
|
|
21,187 – 21,358 |
171m |
|
|
Down (S/B) |
11,650 – 11,880 |
230m |
|
12,307 – 12,427 |
120m |
|
|
12,600 – 13,280 |
680m |
|
|
13,500 – 13,640 |
140m |
|
|
13,686 – 13,943 |
257m |
|
|
14,120 – 14,381 |
261m |
|
|
14,600 – 14,760 |
160m |
|
|
19,020 – 19,220 |
200m |
|
|
19,560 – 20,315 |
755m |
|
|
20,350 – 20,998 |
648m |
|
|
21,180 – 21,358 |
178m |
on top of the viaduct
parapet walls
(to be read in conjunction
with Figures 26, 27,
28 and 29 attached to this Permit)
(Extracted from the
Application VEP-157/2004)
|
Track |
Chainage |
Length |
|
Up (N/B) |
12,082 - 12,130 |
48m |
|
12,990 - 13,278 |
288m |
|
|
13,860 - 13,950 |
90m |
|
|
14,135 - 14,375 |
240m |
|
|
18,850 - 19,129 |
279m |
|
|
19,949 - 20,320 |
371m |
|
|
20,870 - 21,004 |
134m |
|
|
21,270 - 21,340 |
70m |
|
|
Down (S/B) |
12,089 - 12,137 |
48m |
|
12,710 - 13,020 |
310m |
|
|
13,280 - 13,400 |
120m |
|
|
13,500 - 13,640 |
140m |
|
|
13,677 - 13,862 |
185m |
|
|
14,120 - 14,383 |
263m |
|
|
14,600 - 14,760 |
160m |
|
|
19,089 - 19,200 |
111m |
|
|
19,560 - 20,250 |
690m |
|
|
20,350 - 20,700 |
350m |
|
|
21,273 - 21,335 |
62m |
(to be read in conjunction
with Figures 30 and 31 attached to this Permit)
(Extracted from the
Application VEP-157/2004)
|
Noise Mitigation Measures |
Chainage |
Location |
|
A semi enclosure of 40m long (see Figures 30 and 31 for details) |
19,780 to 19,820 down |
Over the viaduct section fronting Fok On Garden |
(i) 20,000 shall be added
to the chainages as shown above to correspond to the chainages as shown in the
attached Figures 26 to 31 and in the actual site markings.
| Figure
1 |
| Figure 27 |