Environmental Permit No. FEP-12/364/2009/D
環境許可證編號 FEP-12/364/2009/D
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 (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-171/2016
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Document in the Register: 登記冊上的文件: |
1.
Central - Wan Chai Bypass and -
Environmental Impact
Assessment Report (July 2001) -
Environmental Monitoring
and Audit Manual -
Executive Summary 2.
The Director’s letter of approval of the
CWB&IECL EIA Report dated 31 August 2001 referenced (19) in Ax (2) to
EP2/H4/A/ 3.
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 Environmental Impact Assessment Ordinance 4.
The Director’s letter of approval of the WDII&CWB
EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/ 5.
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 6.
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. 7.
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 8.
Application for Environmental Permit and
attachments submitted by the Permit Holder on 27 July 2009 (Application No.:
AEP-364/2009) 9.
Environmental Permit (No. EP-364/2009) issued
on 17 August 2009 10.
Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 28 July 2010 (Application No. VEP-321/2010) 11.
Environmental
Permit issued – Permit No.: EP-364/2009/A issued on 4 August 2010. 12.
Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 31 August 2012 (Application No. VEP-374/2012) 13.
Environmental
Permit issued – Permit No.: EP-364/2009/B issued on 20 September 2012. 14.
Application
for Further Environmental Permit including all attachments submitted on 8
February 2013 (Application No.: FEP-144/2013). 15.
Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 20 June 2014 (Application No. VEP-443/2014) 16.
Environmental Permit issued – Permit No.: EP-364/2009/C issued on
11 July 2014. 17. Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 28 October 2015 (Application No. VEP-485/2015) 18.
Environmental Permit issued – Permit No.: EP-364/2009/D issued on
24
November 2015. 19.
Application
for Further Environmental Permit including all attachments submitted on 26
July 2016 (Application No.: FEP-171/2016). 1. 中環及灣仔繞道和東區走廊連接路設計及建築工程 (登記冊編號: AEIAR─041/2001) -
環境影響評估報告 (2001年7月) [下稱「CWB&IECL環評報告」] -
環境監察審核手冊 - 行政摘要 2. 署長於 3. 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 4. 署長於 5. 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 6. 署長於 7. 已簽發的環境許可證– 許可證編號EP-356/2009; 於 (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 8. 許可證持有人於 9. 已簽發的環境許可證 (編號 : EP-364/2009) 於 2009年 8 月 17日簽發 10. 許可證持有人於2010年 11.
已簽發的環境許可證 - 許可證編號 :
EP-364/2009/A 於 2010年8 月4日簽發。 12. 許可證持有人於2012年 13.
已簽發的環境許可證 - 許可證編號 : EP-364/2009/B 於 2012年9 月20日簽發。 14.
於2013 年2 月8 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-144/2013)。 15. 許可證持有人於2014年 6月20日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-443/2014) 16. 已簽發的環境許可證 - 許可證編號 : EP-364/2009/C 於 2014年7月11日簽發。 17.
許可證持有人於2015年
10月28日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-485/2015) 18. 已簽發的環境許可證 - 許可證編號 : EP-364/2009/D 於 2015年11 月24日簽發。 19. 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-171/2016)。 |
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1 August 2016 2016 年 8 月
1 日 |
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Date 日期 |
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(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 |
Wan Chai Development
Phase II – Central – Wan Chai Bypass at Wan Chai West (Contract No.
HK/2012/08) – Tunnel Works - as part of the
“Central–Wan Chai Bypass including its Road Tunnel and Slip Roads” (the CWB
project) which is covered in the Environmental Permit No. EP-364/2009/B (This designated project is hereinafter
referred to as “the Project”) 灣仔發展第二期 - 中環灣仔繞道
–灣仔西段 (合約編號 HK/2012/08)
- 隧道工程 - 此工程為 “中環灣仔繞道(包括其行車隧道及連接路)” (CWB工程項目)的一部份，受已簽發的環境許可證 - 許可證編號 : EP-364/2009/B的管制 (本指定工程項目下稱“工程項目”) |
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Nature of Designated Project 指定工程項目的性質 |
The
Project is a part of the Central-Wan Chai Bypass project. (The CWB project
will involve construction of a trunk road and its road tunnel more than 此工程項目是中環灣仔繞道工程項目的一部份。(CWB工程項目涉及興建一條主幹道;及其入口之間的長度超過 |
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Location of Designated Project 指定工程項目的地點 |
Wan Chai West
harbour-front area, The location of
the Project is shown in Figures 1a
and 1b of this Permit. 香港灣仔西海旁。 |
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Scale and Scope of Designated Project |
The scope of the
Project mainly includes: ·
construction of a dual three-lane trunk
road tunnel of approximately (part
of the CWB project ) Remarks: l The
permanent and temporary reclamation and associated dredging works related to
the CWB construction are separately covered by the environmental permit No.
EP-356/2009 issued to the Civil Engineering and Development Department (CEDD). 工程項目的範圍主要包括: ·
建造一條約長 (CWB工程項目的一部份) 備註: 中環灣仔繞道相關的永久及臨時填海工程(包括相聯挖泥工程)
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)。 |
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 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 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 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 and constructed in accordance with the relevant information
and recommendations described in the approved CWB&IECL EIA Report (Register
No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No.
AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2001), the
application documents for environmental permit, 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. The
Project is part of the CWB project..
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.
2
Special Conditions
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 to 4.2 of this Permit or corresponding 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] .
Measures to Mitigate
Construction Noise Impact
2.9 To mitigate construction noise impact, 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. The submission(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 CWB&IECL EIA Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register No. AEIAR-125/2008) before deposit with the Director. All measures recommended in the finalised submission(s) under this Condition shall be fully and properly implemented. Measures covered by other pollution control Ordinances shall not be included in this construction noise management plan. (see note 8)
2.10 -2.13 [Not Used]
Measures to
Mitigate Landscape and Visual Impact
2.14 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 landscape works of the
Project, deposit with the Director four hard copies and one electronic copy of
landscape plan(s). The 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 landscape and visual mitigation measures of the
Project. Before submission to the Director, the 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 CWB&IECL EIA
Report (Register No. AEIAR-041/2001) and the 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 for the CWB project (See note 8) Any major changes to the programme shall be justified by the ET Leader and verified by the IEC employed for the CWB project (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 for the CWB project (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 approved
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 Baseline Monitoring Report and 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 Condition 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.
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 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. Highways Department (HyD), the Holder of Environmental
Permit (EP) No. EP-364/2009, is required under EP-364/2009, 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 liaise with the Holder of Environmental Permit No. EP-356/2009 on to jointly
set up an Environmental Project Committee (ENPC); and
(iv)
to liaise with the Holder of Environmental Permit No. EP-356/2009 to
jointly set up a Community Liaison Group (CLG),
for the CWB project.
8. HyD, the Holder of EP-364/2009 is required under EP-364/2009, 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 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 CWB project;
(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 an operational air quality management plan;
(ix)
to deposit with
the Director landscape plan(s);
(x)
to deposit with
the Director an additional mitigation plan for Slip Road 8;
(xi)
to submit to the
Director the Baseline Monitoring Report; and
(xii)
to
submit to the Director the monthly EM&A Reports,
for the CWB project.
9. HyD, the Holder of Environmental Permit EP-364/2009, is required under EP-364/2009, or any
subsequent EP amended by the Director under the Ordinance:
(i)
to implement the proposed construction works of CWB including its Road
Tunnel and Slip Roads, ventilation buildings and vent shaft(s) at the location
shown in Figure 1 of EP-364/2009 together with the relevant environmental
mitigation measures; and
(ii)
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 CWB project.
10. Any person who constructs
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-12/364/2009/D
環境許可證編號 FEP-12/364/2009/D
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Table 1a:
[Not used]
Table 1b Exhaust
Related Design Criteria of the Central Ventilation Building and the East
Ventilation Building and its Vent Shaft (based on Table
3.11 of the WDII&CWB EIA Report (Register No. AEIAR-125/2008)*
|
|
Cross-sectional area of
stack (m2) |
Exit velocity (m s-1) |
Minimum mid-discharge
height (meter above ground) |
Exhaust direction |
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|
219 |
8 |
17.5 |
Vertical |
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Vent shaft
of the (EVB)*** |
94 |
8 |
16.25 |
Inclined
45 degree upward (discharge towards sea direction) |
Notes: * This Table shall be read in conjunction with Condition 2.13 and Figure 1 of this Permit.
** The vent shaft of
CVB will be incorporated within the CVB.
*** The vent shaft of EVB will be separated from the EVB and located at the eastern breakwater of the Causeway Bay Typhoon Shelter.