Environmental Permit No. FEP-04/215/2005/B
環境許可證編號FEP-04/215/2005/B
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
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) grants this further environmental permit to MTR CORPORATION LIMITED (hereinafter referred to as the “Permit Holder”) to operate 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香港鐵路有限公司（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 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﹕-
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Application No. 申請書編號：
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FEP-097/2010
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Document in the Register: 登記冊上的文件：
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(1) Kowloon Southern Link Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (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 the Permit Holder on 4 April 2005 (Application No. AEP-215/2005)
(3) 申請文件包括許可證持有人於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”]
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Application No. 申請書編號：
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FEP-097/2010
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Document in the Register: 登記冊上的文件：
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(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 Variation of an Environmental Permit No. VEP-210/2006. [Hereafter referred to as “the Application No. VEP-210/2006”]
(7) 申請更改環境許可證編號 VEP-210/2006。 [下稱 “申請書編號 VEP-210/2006”]
(8) Environmental Permit issued – Permit No.: EP-215/2005/B issued on 21 March 2006.
(8) 已簽發的環境許可證 - 許可證編號 : EP-215/2005/B 於 2006年3 月21日簽發。
(9) Application for Further Environmental Permit No. FEP-097/2010. [Hereafter referred to as “the Application No. FEP-097/2010”]
(9) 申請新的環境許可證編號 FEP-097/2010。 [下稱 “申請書編號 FEP-097/2010”]
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2 February 2010 Date 日期
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(YEUNG Wai Tak, Victor) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 楊維德代 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 further environmental permit
(hereinafter referred to as the “Permit”):
下列為本新的環境許可證 (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 Project 指定工程項目的名稱
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Kowloon Southern Link [This designated project is hereinafter referred to as “the Project”]
九龍南線 [這指定工程項目下稱 “工程項目”]
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Nature of Designated Project
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Operation of an approximately 3.8 km underground railway and its associated station.
運作一條長約3.8 公里的地底鐵路及有關的火車站。
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Location of Designated Project 指定工程項目的地點 |
Tsim Sha Tsui and West Kowloon. The location of the Project is shown in Figure 1 attached to this Permit.
尖沙咀及西九龍。工程項目的位置見載於本許可證夾附的圖1。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Operation of an approximately 3.8 km underground railway, the West Kowloon Station, the Yau Ma Tei Ventilation Building, the Canton Road Plant Building and an Emergency Egress Point. (see Note 10)
運作一條長約3.8 公里的地底鐵路、九龍西站、油麻地通風樓、廣東道機樓及緊急逃生出口。(見註10) |
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 the Permit Holder’s office. 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 operate the Project in accordance with the project descriptions in Part B of this Permit.
1.5 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-083/2005), the application documents including all attachments (Application No. AEP-215/2005), other relevant documents in the Register; and the information or mitigation measures described in this Permit, and mitigation measures recommended in submissions that are deposited with or approved by the Director as a result of permit conditions contained in the Environmental Permit (No. EP-215/2005/B). 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.
2. Measures during Operation of the Project
Measures to Mitigate Operation Noise Impact
2.1 All the tracks for the Project shall remain laid underground except for the 150m tunnel section at Nam Cheong Park which shall remain laid and enclosed in concrete box.
2.2 In accordance with the assumption in the EIA report, there shall be no jointed track used in the operation of the Project to achieve the operation noise performance in the EIA report.
2.3 The following length of track types shall remain installed in accordance with the locations specified in the EIA report and the Supplementary Document submitted with the Application No. VEP-187/2005 as indicated below[1]. The location of the track types are shown in Figure 2 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 Jordan Road;
(iv) 1630m Type 1 track from Jordan Road to Olympian City Phase 3;
(v) 240m Type 2 track from Olympian City Phase 3 to Hoi Fai Road; and
(vi) 130m Type 1 track from Hoi Fai Road to Nam Cheong Station overrun tunnel.
2.4 In accordance with the assumption in the EIA report, only West Rail Type Electric Multiple Units (EMUs) shall be deployed on the Project. The train length operating on the Project 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 Project except during emergency and scheduled maintenance.
Measures to Mitigate Operation Water Quality Impact
2.5 Operational water quality mitigation measures to remain:
(i) Freshwater cooling system to serve both the station and the tunnel;
(ii) All tracks be contained in concrete tunnel box with tunnel wall equipped with water-tight liner.
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 Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed 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, suspend, vary or cancel this Permit.
6. If this Permit is cancelled or surrendered during operation of the Project, another environmental permit must be obtained under the Ordinance before the operation of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to operate a designated project listed in Part I of 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.
9. 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.
10. The former West Kowloon Station, Canton Road Plant Building, Emergency Egress Point identified in Environmental Permit (EP-215/2005/B) are hereinafter referred to as Austin Station, Canton Road Emergency Access Point, Peking Road Emergency Egress Point in this Permit (FEP-04/215/2005/B).
Environmental Permit No. FEP-04/215/2005/B
環境許可證編號 FEP-04/215/2005/B
[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 of the Environmental Permit (No. EP-215/2005/B) have been translated into track chainages in the submission under Condition 2.5 of the Environmental Permit (No. EP-215/2005/B).