Environmental Permit No.
FEP-01/275/2007
環境許可證編號 FEP-01/275/2007
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
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 (EIAO), the Director of Environmental Protection
(the Director) grants this environmental permit to the Maeda-CREC-SELI Joint
Venture (hereinafter referred to as the “Permit Holder”) to construct the
designated project described in Part B subject to the conditions specified
in Part C. The issue of this environmental permit is based on the
documents, approvals or permissions described below:
根據《環境影響評估條例》(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Maeda-CREC-SELI Joint Venture (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C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發﹕
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Application No. 申請書編號 |
FEP-088/2008 |
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Documents in the Register: 登記冊上的文件： |
(1)
Drainage Improvement in Tsuen Wan and Kwai Chung –
Tsuen Wan Drainage Tunnel: Environmental Impact Assessment (EIA) Report,
Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.: AEIAR-088/2005) [Hereinafter
referred to as the “EIA Report”] (1)
環境影響評估報告、環境監察及審核手冊及行政摘要 (登記冊編號：AEIAR-088/2005) [下稱 “環評報告”] (2)
The
Director’s letter of approval of the EIA Report dated 29 August 2005
(Reference: (22) in Ax(1) to EP2/N2/Q/ (2) 署長於 |
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Documents in the Register: 登記冊上的文件： |
(3)
Application
for Environmental Permit submitted on 11 April 2007 (Application No. AEP-275/2007) (3)
於 (4)
Environmental Permit issued – No.: EP-275/2007
issued on 7 May 2007 (4)
已簽發的環境許可證 – 編號:
EP-275/2007於 (5)
Application for Further Environmental Permit
submitted on 14 April 2008 (Application No. FEP-088/2008) (5)
於 |
6 May 2008
2008年5月 6 日
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Date 日期 |
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(WONG Hon-meng) Principal Environmental Protection Officer (Strategic
Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(策略評估)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:
下列為本環境許可證A部所提及的指定工程項目的說明:
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Title
of Designated Project 指定工程項目的名稱 |
Drainage
Improvement in Tsuen Wan and Kwai Chung – Tsuen Wan Drainage Tunnel [This designated project is hereinafter referred
to as “the Project”] 荃灣及葵涌雨水排放系統改善工程 - 荃灣雨水排放隧道 [本指定工程項目下稱 “工程項目”] |
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Nature of Designated Project |
Construction and operation of drainage tunnel
within the Tai Mo Shan Country Park. 於大帽山郊野公園範圍內建造及營運一條雨水排放隧道。 |
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Location
of Designated Project 指定工程項目的地點 |
The
location of the Project is shown in Figure 1 attached to this Permit. 工程項目的位置載於本許可證夾附的圖1。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
To
construct a 於葵涌及荃灣油柑頭之間, 興建一條全長 |
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 EIAO.
1.2 The Permit Holder shall ensure
full compliance with all legislation from time to time in force including,
without limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste
Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358),
Noise Control Ordinance (Cap. 400) and Dumping at Sea Ordinance (Cap. 466).
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 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 Project 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 Project 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 implemented in accordance with the information
and all recommendations described in the EIA Report (Register No.: AEIAR-088/2005)
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 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
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). 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 the
Permit.
1.10 The Permit Holder shall release all finalised
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,
1.12 The Permit Holder shall notify the Director
in writing the commencement date of construction of the Project 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 preparation,
or other works as agreed by the Director.
2. Submissions
or 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 not be in any way an associated
body of the Contractor or 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-088/2005)
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-088/2005) and this Permit or by the
Director or his authorised 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.
2.2 An
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-088/2005)
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.
Management Organisation of Main
Construction Companies
2.3 The Permit Holder shall, at least one week before
the commencement of construction of the Project, inform the
Director in writing the management organisation of the main construction
companies and/or any form of joint ventures appointed for the Project.
The information, to be submitted, shall include at least an organisation chart,
names of responsible persons and their contact details.
3. Measures
during Construction of the Project
Measures to Mitigate
Water and Air Quality Impact
3.1 To
mitigate water and air quality impacts during construction phase, the following
measures shall be implemented:
(a)
sandbags or similar shall be provided around the perimeter
of the stockpiling areas to prevent site runoff;
(b)
sedimentation tank(s) and grille(s) to trap coarse materials
shall be provided during tunneling works;
(c)
all stockpiles shall be wetted with water sufficient to
prevent dust arising;
(d)
tarpaulins or similar over stockpiles shall be provided;
and
(e)
chemical toilets shall be provided if connection to public
sewers is not possible.
Measures
to Manage Construction and Demolition Waste Impact
3.2 To minimise the waste generated
during construction phase, the following measures shall be implemented:
(a)
re-usable construction and demolition materials generated
from the outfall and intakes of the project shall be sorted and re-used appropriately
within the works areas to minimise off-site disposal;
(b)
use of wooden hoarding shall not be allowed with a view to re-using
or re-cycling of the hoarding items;
(c)
temporary refuse collection facilities shall be set-up and
waste shall be stored prior to collection and disposal; and
(d)
no waste, spoil or excavated materials or materials alike
arising from the demolition and / or construction works of the Project shall be
dumped in any environmentally sensitive areas, including but not limited to
Sites of Special Scientific Interest, coastal protection areas, conservation
areas, agricultural land and stream habitats.
Measures
to Mitigate Ecological Impact
3.3
To
minimise the extents of the proposed works, the intakes at Sam Dip Tam Stream
and Tso Kung Tam Stream shall be designed in accordance with the layouts as
shown in Figures 2 and 3.
3.4
Sheet piles, cofferdams or weirs shall be installed along
the boundaries of the works areas within the stream habitats, in particular at Sam
Dip Tam Stream and Tso Kung Tam Stream, before the commencement of works to
prevent construction runoff during construction. Sand / silt removal facilities such as
sand traps, silt traps and sediment basins shall be provided in the affected
works areas.
3.5
To minimise ecological impact during construction phase, the
following measures shall be implemented:
(a)
fences along the boundaries of all works areas shall be erected
before the commencement of works;
(b)
any damage and disturbance to the surrounding natural
stream habitats outside the works areas shall be avoided;
(c)
open fires within the site boundary shall be prohibited during
construction;
(d)
fire fighting equipment shall be provided in the works
areas; and
(e)
temporary work sites / disturbed areas shall be reinstated immediately
after completion of the construction works.
3.6
To mitigate ecological impact, compensation planting of
3.7
To enhance the natural colonisation of intertidal habitat, armour
rocks at outfall as shown in Figure 8 shall be provided.
4. Environmental
Monitoring and Audit Requirements
4.1 An EM&A programme shall be implemented in
accordance with the procedures and requirements 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 noise,
water and air quality; and
(b)
conducting impact monitoring on noise, water and air quality;
(c)
carrying out remedial actions described in the Event /
Action Plans of the EM&A Manual shall be fully and properly carried out 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 one week before
the commencement of construction.
The submission shall be certified by the ET Leader and verified by the
IEC as complied with the requirements as set out in the EM&A Manual before
submission to the Director.
Additional copies of the submission shall be provided upon request by
the Director.
4.5 Three hard copies and one electronic
copy of monthly EM&A Report, Quarterly EM&A Report and Annual / Final
EM&A Review Report during construction of the project shall be submitted to
the Director in accordance with the EM&A Manual. 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.
4.6 Any
changes to the monitoring and audit requirements 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.
5. Electronic
Reporting of EM&A Information
5.1 To
facilitate public inspection of the monthly/quarterly 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.
5.2
The Permit Holder
shall, set up a dedicated website and notify the Director in writing the
Internet address where the environmental monitoring and project data are to be
placed, within six weeks after the commencement of construction of the Project.
All environmental monitoring data described in Condition 5.1 above shall be
made available to the public via a dedicated website to be set up by the Permit
Holder 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.
5.3 The
Internet website as described in Condition 5.2 above shall enable user-friendly
public access to the monitoring and project data including the EIA Report and
the environmental permit(s) and the project profile of the Project. The
Internet website shall have features capable of:
(i)
providing
access to all environmental monitoring data collected since the commencement of
works;
(ii)
searching by date;
(iii)
searching by types of monitoring data (air quality
etc.); and
(iv)
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
(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 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 authorised
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 authorised 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, 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 EIAO before the Project
could be continued. It is an
offence under Section 26(1) of the EIAO to operate a designated project listed
in Part I of Schedule 2 of the EIAO 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 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.
10. Occupational
safety and health issues are governed by the Occupational Safety and Health
Ordinance (Cap.509) and the Factories and Industrial Undertakings Ordinance
(Cap.59). The Permit Holder is advised to contact
the Labour Department for requirements relating to occupational safety and
health issues.
Environmental Permit No. FEP-01/275/2007
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