Environmental Permit No. FEP-02/376/2009
環境許可證編號 FEP-02/376/2009
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 Section 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO),
the Director of Environmental Protection (the Director) grants this further environmental
permit to China State – Build King
Joint Venture (Chine State
Construction Engineering (Hong Kong) Limited and Build King Civil Engineering
Limited as partners) (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 further 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條及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 – 利基聯營(中國建築工程(香港)有限公司及利基土木工程有限公司為合伙人) (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。本新的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-170/2016
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Document in the Register : 登記冊上的文件: |
1.
Wan Chai Development Phase II and Central-Wan
Chai Bypass (Register No.: AEIAR-125/2008) -
Environmental Impact
Assessment Report (December 2007) -
Environmental Monitoring
and Audit Manual -
Executive Summary -
Further information
received from the Civil Engineering and Development Department on 11 March
2008, 9 April 2008 and 14 November 2008 under Section 8(1) of the EIAO 2.
The Director’s letter of approval of the WDII&CWB
EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/ 3.
Central Reclamation Phase III – Studies, Site
Investigation, Design and Construction (Register
No.: AEIAR-040/2001) -
Environmental Impact
Assessment Report (July 2001) -
Environmental Monitoring
and Audit Manual -
Executive Summary 4.
The Director’s letter of approval of the CRIII
EIA Report dated 31 August 2001 referenced (19) in Ax (4) to EP2/H4/C/09 II. 5.
Environmental Permit Issued – Permit No.:
EP-356/2009 issued to Civil Engineering and Development Department on 30 July
2009 for construction of the following designated projects: (i) Permanent and temporary reclamation works
including associated dredging works in Wan Chai Development Phase II (WDII)
area (referred to as “DP (ii) Wan Chai East Sewage Outfall (referred to as
“DP (iii) Dredging for the Cross-harbour Water Mains from
Wan Chai to Tsim Sha Tsui (referred to as “DP 6.
Environmental
Permit Issued – Permit No.: EP-364/2009 issued to Highways Department on 17
August 2009 for construction of the “Central-Wan Chai Bypass” (CWB) including
its Road Tunnel and Slip Roads (referred to as “DP 7.
Application for Environmental Permit and
attachments submitted by the Permit Holder on 20 October 2009 (Application
No.: AEP-376/2009). 8.
Environmental Permit
Issued – Permit No.: EP-376/2009 issued on 13 November 2009. 9.
Application for Further
Environmental Permit including all attachments submitted on 6 March 2015
(Application No.: FEP – 161/2015). 10. Application for Further Environmental Permit
including all attachments submitted on 26 July 2016 (Application No.: FEP - 170/2016). 1. 灣仔發展計劃第二期及中環灣仔繞道 (登記冊編號: AEIAR-125/2008) ·
環境影響評估報告 (2007年12月) [下稱「WDII&CWB環評報告」] ·
環境監察審核手冊 ·
行政摘要 ·
土木工程拓展署根據條例第8.(1)條於 2. 署長於2008年 3. 中環填海計劃第III期 - 研究、實地堪測、設計與建築(登記冊編號:AEIAR-040/2001) ·
環境影響評估報告 (2001年7月) [下稱「CRIII環評報告」] ·
環境監察審核手冊 ·
行政摘要 4. 署長於2001年 5. 已簽發的環境許可證– 許可證編號EP-356/2009; 於2009年7月30日簽發予土木工程拓展署以建造以下指定工程項目: (i) 在灣仔發展計劃第二期的永久及臨時填海工程(包括相聯挖泥工程) (WDII&CWB環評報告內稱“DP (ii)
灣仔東污水排水口(WDII&CWB環評報告內稱“DP (iii)
灣仔至尖沙咀海底輸水管的挖泥工程(WDII&CWB環評報告內稱“DP 6. 已簽發的環境許可證– 許可證編號EP-364/2009; 於 7. 許可證持有人於2009年10月20日提交的環境許可證申請文件及附件(申請書編號: AEP-376/2009) 8. 已簽發的環境許可證– 許可證編號EP-376/2009 於2009年11月13日簽發 9. 於2015年3月6日提交的新的環境許可證申請文件包括所有附件(申請書編號: FEP-161/2015) 10. 於2016年7月26日提交的新的環境許可證申請文件包括所有附件(申請書編號: FEP-170/2016) |
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1 August 2016 2016 年 8 月
1 日 |
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Date 日期 |
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(Mr. Ken Y.K. WONG) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光 代行) |
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PART B
(DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is
the description of the designated project mentioned in Part
A of this environmental permit (hereinafter referred to as “the
Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱 |
Road P2 and
other roads which are classified as primary/district distributor roads (referred to as “DP P2路及其他分類為主要幹路或地區幹路的道路(WDII&CWB環評報告內稱“DP |
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Nature of Designated Project 指定工程項目的性質 |
The Project will
involve construction of primary and district distributor roads. 此工程項目涉及建造主要幹路及地區幹路道路。 |
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Location of Designated Project 指定工程項目的地點 |
Wan Chai
harbourfront area, The location of
the Project is shown in Figure 1A
of this Permit. 香港灣仔海旁。 工程項目的地點展示於本許可證圖1A 內。 |
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Scale and Scope of Designated Project |
The scope of the
Project includes: ·
a dual 2-lane primary distributor road,
Road P2, approximately ·
other new primary and district
distributor roads connecting to the slip roads of the Central-Wan Chai Bypass
with a total length of approximately Remarks: (a)
The scope of the Project does not include
any reclamation or dredging works. (b)
The reclamation and associated dredging
works related to the Project within Wan Chai Development Phase II (WDII)
project area in Wan Chai harbourfront are separately covered by the
environmental permit No. EP-356/2009 issued to Civil Engineering and
Development Department. (c)
The reclamation and associated dredging
works related to the Project within the Central Reclamation Phase III (CRIII)
project area in Central habourfront area are separately covered by the environmental
permit No. EP-122/2002 and further environmental permit No. FEP-01/122/2003,
and their subsequently amended versions, issued to Civil Engineering and
Development Department and its contractor, Leighton-China State-Van Oord
Joint Venture, respectively. 工程項目的範圍包括: ·
一條約長 ·
其他總長約 備註: (a)
本許可證不包括任何填海或挖泥工程。 (b)
有關此工程項目位於灣仔海旁灣仔發展計劃第二期地區內的填海及相聯挖泥工程已包括在簽發與土木工程拓展署的環境許可證(許可證編號: EP-356/2009)。 (c)
有關此工程項目位於中環海旁中環填海第三期地區內的填海及相聯挖泥工程已包括在簽發與土木工程拓展署的環境許可證(許可證編號: EP-122/2002)及簽發與其承辦商Leighton-China State-Van Oord Joint Venture的新的環境許可證(許可證編號: FEP-01/122/2003)及其各自的更新版本。 |
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution
Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), and Waste
Disposal Ordinance (Cap. 354). This
Permit does not of itself constitute any ground of defense against any
proceedings instituted under any legislation or imply any approval under any
legislation.
1.3
The Permit Holder shall make copies of
this Permit together with all documents referred to in this Permit and the
documents referred to in Part A of this Permit
readily available at all times for inspection by the Director or his authorized
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 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 this 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 and
operate the Project in accordance with the project description in Part B of this Permit (hereafter referred to as “the
Project”).
1.7
The Permit Holder shall ensure that the
Project is designed, constructed and operated in accordance with the relevant
information and recommendations described in the approved WDII&CWB EIA
Report (Register No. AEIAR-125/2008), the approved CRIII EIA Report (Register
No. AEIAR-040/2001), the Environmental Permit No.: EP-356/2009 issued on 30 July
2009 for marine works as described in Part A of
this Permit; the Application for Environmental Permit (Application No. AEP-376/2009)
and other relevant documents in the Register, the information and mitigation
measures described in this Permit, mitigation measures to be recommended in
submissions that shall be deposited with or approved by the Director as a
result of permit conditions contained in this Permit, and mitigation measures
to be recommended under 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 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) employed for
the CWB project before submitting to the Director under this Permit (see note
7).
1.10
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.
1.11
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 finalized submissions required under this Permit shall be
prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in
Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by
the Director and shall be submitted at the same time as the hard copies.
1.12
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.
1.13
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
Special Conditions
Submissions or Measures to be implemented before Construction of the Project
2.1 – 2.2 [Not Used]
Environmental Project Committee (ENPC)
The ENPC shall make recommendation to enhance the monitoring and audit of the environmental performance of the whole project and other relevant nearby projects on top of requirements as set out in Conditions 3.1, 3.2, 3.4 to 4.2 of this Permit or corresponding requirements set out under subsequent Environmental Permits issued for the whole project and other relevant nearby projects. (see notes 7 and 8)
2.4-2.8 [Not Used]
Submissions and Measures for the Construction Period of the Project
Measures to Mitigate Construction Noise Impact
2.9 To
mitigate construction noise impact particularly on the nearby noise sensitive
receiver – Hong Kong Academy for Performing Arts (Open Arena), the Permit
Holder shall deposit with the Director, at least two weeks prior to the
commencement of construction of the corresponding component(s) of the Project,
four hard copies and one electronic copy of the construction noise management
plan, consisting of layout plan(s) in the scale of 1:1,000 or other appropriate
scale and explanatory statement(s) showing the noise mitigation measures to include
the use of movable/temporary noise barriers, the use of quiet powered
mechanical equipments and the adoption of multiple-phase construction
schedules, where appropriate for the construction activities in relation to the following tasks:
(a)
the
roads for temporary traffic diversion;
(b)
resurfacing;
and
(c)
at-grade
roadwork.
Measures to Mitigate Construction Landscape
and Visual Impact
2.10 To reduce the
landscape and visual impact during construction stage of the Project, the
Permit Holder shall implement a series of landscape and visual mitigation
measures. The Permit Holder shall,
at least one month before the commencement of corresponding parts of construction
landscape works of the Project, deposit with the Director four hard copies and
one electronic copy of construction landscape plan(s). The construction landscape plan(s) shall
show the design details, locations, implementation programme, maintenance and
management schedules, and drawings in the scale of 1:1,000 or other appropriate
scale of the construction landscape and visual mitigation measures of the
Project. Before submission to the Director, the construction landscape plan(s)
shall be certified by the ET Leader and verified by the IEC as conforming to
the relevant information and recommendations contained in the approved
WDII&CWB EIA Report (Register No. AEIAR-125/2008) and the approved CRIII
EIA Report (Register No. AEIAR-040/2001), in particular Table 10.5, Volume
2-Part B of the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008).
All measures recommended in the finalised submission(s) under this Condition shall
be fully and properly implemented. (see note 8)
3
Environmental Monitoring and
Audit Requirements
3.1 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 EP-376/2009 (see note 8). Any major changes to the programme shall be justified by the ET Leader and verified by the IEC employed under EP-376/2009 (see note 7) as conforming to the information and requirements contained in the updated EM&A Manual.
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the updated EM&A Manual (see note 8) by:
(a)
conducting
baseline environmental monitoring;
(b)
conducting impact
monitoring;
(c)
carrying out
remedial actions described in Event/Action Plans of the updated EM&A Manual
in accordance with the time frames set out in Event/Action Plans, or as agreed
by the Director, in case where specified criteria in the updated 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 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.
3.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4
Electronic Reporting of
EM&A Information
4.1 To facilitate public inspection of the regular 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 Conditions 3.4 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. (see note 8)
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 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(s) may, before he assumes responsibility of the
designated project(s), 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
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 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.
Civil Engineering and Development Department (CEDD), the Holder of Environmental
Permit (EP) No. EP-376/2009, is required under EP-376/2009, or any subsequent EP amended by the Director under the Ordinance:
(i) to establish an
Environmental Team (ET) which shall be headed by an ET Leader;;
(ii) to employ an
Independent Environmental Checker (IEC)
(iii) to set up an
Environmental Project Committee (ENPC); and
(iv) to set up a Community
Liaison Group (CLG),
for the works covered by
EP-376/2009.
8.
CEDD, the Holder of EP-376/2009 is required under
EP-376/2009, or any subsequent EP amended by the Director under the
Ordinance:
(i)
to notify the Director in writing the commencement date of construction
of the works of the WDII&CWB project;
(ii)
to notify the Director the date of
setting up the ENPC;
(iii)
to notify the Director the date of setting up the CLG;
(iv)
to submit to the Director for approval the updated Environmental
Monitoring and Audit Manual (updated EM&A Manual);
(v)
to 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 marine works;
(vi)
to deposit with the Director a detailed works schedule and location plans;
(vii)
to deposit with the Director a construction
noise management plan;
(viii)
to deposit with the Director a construction
landscape plan;
(ix)
to deposit with the Director an operation landscape plan;
(x)
to submit to the Director the Baseline Monitoring Report; and
(xi)
to submit to the Director the monthly EM&A Reports.
for the works covered by EP-376/2009.
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.
CEDD, the Holder of EP-376/2009 is required under
EP-376/2009, or any subsequent EP amended by the Director under the Ordinance, 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, for the works covered by EP-376/2009.
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-02/376/2009
環境許可證編號 FEP-02/376/2009
| Figure 1A |
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