Environmental Permit No. FEP-01/457/2013/C

                                                                                    Àô¹Ò³\¥iÃÒ½s¸¹ FEP-01/457/2013/C

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 12

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(²Ä499³¹)

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FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT 
DESIGNATED PROJECT

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PART A (MAIN PERMIT)

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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 Gammon Construction Limited (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 :-

®Ú¾Ú¡mÀô¹Ò¼vÅTµû¦ô±ø¨Ò¡n(Àôµû±ø¨Ò)²Ä10±ø¤Î12±øªº³W©w¡AÀô¹Ò«OÅ@¸p¸pªø¡]¸pªø¡^±N¥»·sªºÀô¹Ò³\¥iÃҧ天ª÷ªù«Ø¿v¦³­­¤½¥q (¤UºÙ¡§³\¥iÃÒ«ù¦³¤H¡¨)¡A¥H«Ø³yB³¡©Ò»¡©úªº«ü©w¤uµ{¶µ¥Ø¡A¦ý¶·¿í¦uC³¡©Ò¦C©úªº±ø¥ó¡C¥»·sªºÀô¹Ò³\¥iÃÒ¬O¨Ì¾Ú¤U¦C¤å¥ó¡B§å­ã©Î³\¥i¦Óñµo¡G-

 

Application No.

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FEP-182/2018

Document in the Register

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(1)  Central Kowloon Route ¡VDesign and Construction (Register No.: AEIAR-171/2013):

-       Environmental Impact Assessment Report for Central Kowloon Route (January 2013) [Hereinafter referred to as the ¡§EIA Report¡¨]

-       Environmental Monitoring and Audit Manual for Central Kowloon Route (January 2013) [Hereinafter referred to as the ¡§EM&A Manual¡¨]

-       Environmental Impact Assessment Executive Summary for Central Kowloon Route (January 2013)

¤¤¤EÀs·F½u ¡V ³]­p¤Î¬I¤u (µn°O¥U½s¸¹: AEIAR-171/2013)

-      ¤¤¤EÀs·F½uÀô¹Ò¼vÅTµû¦ô³ø§i(2013¦~1¤ë) [¤UºÙ¡uÀôµû³ø§i¡v]

-      ¤¤¤EÀs·F½uÀô¹ÒºÊ¹î¼f®Ö¤â¥U(2013¦~1¤ë) [¤UºÙ¡uÀôºÊ¤â¥U¡v]

-      ¤¤¤EÀs·F½uÀô¹Ò¼vÅTµû¦ô¦æ¬FºK­n(2013¦~1¤ë)

 

(2)  The Director¡¦s letter of approval of the EIA report dated 11 July 2013 referenced (2) in Ax(1) to EP2/K2/A/04 Pt.16

        ¸pªø©ó2013¦~7¤ë11¤éµo¥X§å­ãÀôµû³ø§iªº«H¥ó¡AÀÉ®×½s¸¹: (2) in Ax(1) to EP2/K2/A/04 Pt.16

 

(3)  Application for an Environmental Permit submitted by the Permit Holder on 12 July 2013 (Application No.: AEP-457/2013)

        ³\¥iÃÒ«ù¦³¤H©ó2013¦~7¤ë12¤é´£¥æªºÀô¹Ò³\¥iÃҥӽР(¥Ó½Ð®Ñ½s¸¹: AEP-457/2013)

 

(4)  Environmental Permit issued on 9 August 2013 (Permit No. : EP-457/2013)

       ©ó2013¦~8¤ë9¤éñµoªºÀô¹Ò³\¥iÃÒ(³\¥iÃÒ½s¸¹: EP-457/2013)

 

 (5)  Application for Variation of an Environmental Permit No.: VEP-440/2014 including all attachments submitted by the Permit Holder on 9 June 2014

 ³\¥iÃÒ«ù¦³¤H©ó2014¦~6¤ë9¤é´£¥æªº§ó§ïÀô¹Ò³\¥iÃÒ½s¸¹VEP-440/2014ªº¥Ó½Ð©Mªþ¥ó

 

(6)  Environmental Permit issued on 2 July 2014 (Permit No. EP-457/2013/A)

©ó2014¦~7 ¤ë2¤éñµoªºÀô¹Ò³\¥iÃÒ (³\¥iÃÒ½s¸¹: EP-457/2013/A)

 

(7)  Application for Variation of an Environmental Permit No.: VEP-473/2015 including all attachments submitted by the Permit Holder on 27 March 2015

 ³\¥iÃÒ«ù¦³¤H©ó2015¦~3¤ë27¤é´£¥æªº§ó§ïÀô¹Ò³\¥iÃÒ½s¸¹VEP-473/2015ªº¥Ó½Ð©Mªþ¥ó

 

(8)  Environmental Permit issued on 22 April 2015 (Permit No. EP-457/2013/B)

©ó2015¦~4¤ë22¤éñµoªºÀô¹Ò³\¥iÃÒ(³\¥iÃÒ½s¸¹: EP-457/2013/B)

 

(9)  Application for Variation of an Environmental Permit No.: VEP-517/2016 including all attachments submitted by the Permit Holder on 20 December 2016.

 ³\¥iÃÒ«ù¦³¤H©ó2016¦~12¤ë20¤é´£¥æªº§ó§ïÀô¹Ò³\¥iÃÒ½s¸¹VEP-517/2016ªº¥Ó½Ð©Mªþ¥ó

 

(10)  Environmental Permit issued on 16 January 2017 (Permit No. EP-457/2013/C)

©ó2017¦~1¤ë16¤éñµoªºÀô¹Ò³\¥iÃÒ(³\¥iÃÒ½s¸¹: EP-457/2013/C)

 

(11)  Application for Further Environmental Permit No.: FEP-182/2018 including all attachments submitted on 30 January 2018

©ó2018¦~1¤ë30¤é´£¥æªº·sªºÀô¹Ò³\¥iÃÒ½s¸¹FEP-182/2018ªº¥Ó½Ð©Mªþ¥ó

 

 

 

 

28 February 2018

2018¦~2¤ë  28  ¤é

Date

¤é´Á

 

(Tony W.H. CHEUNG)

Principal Environmental Protection Officer

for Director of Environmental Protection

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(­º®uÀô¹Ò«OÅ@¥D¥ô ±i°¶¶¯¥N¦æ)

 


PART B ( DESCRIPTIONS OF DESIGNATED PROJECT(S))

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 Hereunder is the description of the designated project(s) mentioned in Part A of this environmental permit (hereinafter referred to as the ¡§Permit¡¨):-

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Title of Designated Project(s)

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Central Kowloon Route ¡V Kai Tak West (Contract No. HY/2014/07) [This designated project, hereinafter referred to as "the Project"]

¡V as part of the ¡§Central Kowloon Route¡¨ (CKR) which is covered in the Environmental Permit No. EP-457/2013/C

 

¤¤¤EÀs·F½u ¡V ±Ò¼w¦è¤uµ{ (¦X¬ù½s¸¹ HY/2014/07) [¥»«ü©w¤uµ{¶µ¥Ø¡A¤UºÙ¡§¤uµ{¶µ¥Ø¡¨] ¡V ÄݤwñµoÀô¹Ò³\¥iÃÒ½s¸¹ : EP-457/2013/Cªº¤¤¤EÀs·F½uªº¤@³¡¤À

Nature of Designated Project(s)

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The Project will include :

¡P        A road which is a trunk road, including new roads, and major extensions or improvements to existing roads;

¡P        A road fully enclosed by decking above and by structure on the sides for more than 100 m; and

¡P        Reclamation works (including associated dredging works) more than 1 ha in size and a boundary of which  is less than 100 m from an existing residential area.

 

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¡P        ÄÝ·F¹D¡A¥]¬A·s¸ô¤Î¹ï²{¦³¹D¸ô§@­«¤jÂX«Ø©Î§ïµ½ªº³¡¤À¡F

¡P        §¹¥þ³Q¨ä¤Wªº»\¼h©M¨âÃ䪺ºc¿vª«©Ò¥]³ò¡A¦Ó³Q¥]³òªºªø«×¶W¹L100¦Ìªº¹D¸ô¡F

¡P        ­±¿n¶W¹L1¤½³¼ªº¶ñ®ü¤uµ{(¥]¬A¬ÛÁp«õªd¤uµ{)¡A¦Ó¨ä¤@±ø¬É½u ¶ZÂ÷¤@­Ó²{¦³ªº¦í¦v°Ï¤Ö©ó100¦Ì¡C

 

Location of Designated Project(s)

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The location of the Project is shown in Figure 1 of this Permit.

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Scale and Scope of Designated Project(s)

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 The scope of the Project mainly covers:

(a)         construction of approximately 160m long cut-and-cover tunnel and 370m long underwater tunnel between the tunnel section at Ma Tau Kok and the depressed road of the CKR within Kai Tak Development;

(b)         reconstruction of the seawall at Ma Tau Kok public pier, and the sloping seawall at the Former Kai Tak Airport Runway;

(c)         construction of approximately 125m long depressed road and 200m long underpass of the CKR within Kai Tak Development;

(d)         construction of approximately 360m long underground tunnel ventilation adit of the CKR;

(e)         reconstruction of Kowloon City Ferry Pier Public Transport Interchange; and

(f)          other associated works.

 

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(a)         ©ó¤¤¤EÀs·F½u°¨ÀY¨¤ÀG¹D¬q¤Î±Ò¼wµo®i­p¹º¤ºªº§C©ó¦a­±¹D¸ô¤§¶¡«Ø³y¤@±ø¬ù160¦Ìªøªº©ú«õ¦^¶ñ¦¡ÀG¹D¤Î¬ù370¦Ìªøªº®ü©³ÀG¹D¡F

(b)         ­««Ø°¨ÀY¨¤¤½²³½XÀYªº®ü³ö¤Î«e±Ò¼w¾÷³õ¶]¹Dªº±×­±®ü³ö¡F

(c)         ¦b±Ò¼wµo®i­p¹º¤º«Ø³y¤¤¤EÀs·F½u¤@±ø¬ù125¦Ìªøªº§C©ó¦a­±ªº¹D¸ô¤Î200¦Ìªøªº¦a¤U¹D¸ô¡F

(d)         «Ø³y¤¤¤EÀs·F½u¤@±ø¬ù360¦Ìªøªº¦a¤UÀG¹D³q­·ºÞ¹D¡F

(e)         ­««Ø¤EÀs«°½XÀY¤½¦@¹B¿é¥æ¶×³B¡F¤Î

(f)          ¨ä¥L¬ÛÃö¤uµ{¡C

 

 

PART C (PERMIT CONDITIONS)

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1.                  General Conditions

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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) and Noise Control Ordinance (Cap. 400). 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 and 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 in 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 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 description in Part B of this Permit.

 

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 EIA Report (Register No.: AEIAR-171/2013), the application documents for environmental permit (Application No.: AEP-457/2013), 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.  The Project is part of the CKR.

 

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 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 referred to in Condition 2.1 below and verified by the Independent Environmental Checker (IEC) for the CKR 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.

 

1.12           [Not Used]

 

1.13           [Not Used]

 

1.14           [Not Used]

 

2.                  Specific Conditions

           

Submission and/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 by the Permit Holder no later than one month before commencement of construction of the Project. The ET shall not be in any way an associated body of the Permit Holder of this Permit or the IEC for the CKR. 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 requirements as contained in the EM&A Manual. 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-171/2013) 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-171/2013) and this Permit or by the Director or his authorized 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. (see note 7)

 

2.2                [Not Used]

 

Community Liaison Group

 

2.3               [Not Used]

  

Management Organization of Main Construction Companies

 

2.4               [Not Used]

 

Submission of Construction Programme and EP Submission Schedule

 

2.5               [Not Used]

 

Submission of Design Drawing of the Project

 

2.6               [Not Used]

 

Submission and Measures for Mitigating Cultural Heritage Impact

 

2.7               [Not Used]

 

Submission of Landscape Mitigation Plan of the Project

 

2.8               The Permit Holder shall, at least one month before the commencement of construction of the corresponding component(s) of the Project, deposit with the Director four hard copies and one electronic copy of a Landscape Mitigation Plan(s). The Landscape Mitigation Plan(s) shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations of landscape and visual mitigation measures in the EIA Report (Register No.: AEIAR-171/2013) or otherwise approved by the Director in compliance with the requirements in the Technical Memorandum on Environmental Impact Assessment Process. (see note 8)

 

Submission of Construction Noise Mitigation Measure Plan

 

2.9               To further reduce the air-borne construction noise impacts on Grand Waterfront Tower 3 and Hang Chien Court Block J, the Permit Holder shall, no later than one month before the commencement of construction of the corresponding component(s) of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated Construction Noise Mitigation Measure Plan (CNMMP).  The plan shall include:-

 

(a)      a schedule of construction works to be carried out at the works areas of the Project within 300m from the NSRs;

(b)      an updated construction methodology of the construction works;

(c)      an updated powered mechanical equipment (PME) list for the construction works;

(d)      an updated proposal of air-borne construction noise mitigation measures for the Noise Sensitive Receivers as mentioned above, including the provision of noise barriers, enclosures;

(e)      other initiatives proposed by the Permit Holder; and

(f)       an updated prediction of noise levels in accordance with the above updated information and mitigation proposals in place.

 

Before submission to the Director, the CNMMP shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the EIA Report.  The approved CNMMP shall be fully and properly implemented. (see note 8)

 

Submissions and/or  Measures to be Implemented During Construction of the Project

 

Measures for Mitigating Landscape and Visual Impact during construction of the Project

 

2.10            [Not Used]

 

Measures for Mitigating Construction Dust Impact

 

2.11           To minimise the construction dust impact, the following dust mitigation measures shall be implemented (see note 8):- 

 

(a)    watering once every working hour to keep active works areas, exposed areas and paved haul roads wet; and

(b)    enclosing the unloading process at any barging point by a 3-sided screen with top cover, and operating water spraying at the discharge point.

 

Measures to Mitigate Water Quality Impacts during Construction of the Project

 

2.12           To minimize water quality impact arising from the dredging works at To Kwa Wan,

 

(a)    dredging shall be carried out by closed grab dredger;

(b)    cage-typed silt curtain (at least 80% SS reduction) shall be deployed to fully enclose the closed grab dredger and shall be extended from water surface to the seabed, as far as practicable, during any dredging operation;

(c)    the dredging rates by closed grab dredger of the Project shall be less than 750 m3/day and 62.5 m3/hour or less than 1500 m3/day and 125 m3/hour when there is no concurrent dredging with Trunk Road T2 and in dry season; and

(d)    the area and extent of surface dredging for navigation is shown in Figure 3a. The surface dredging for navigation shall be carried out in between Stage 1 and Stage 2 temporary reclamations, as shown in Figures 3a and 3b.

 

2.13           To minimize water quality impact arising from the temporary reclamation at To Kwa Wan,

 

(a)    cage-type silt curtain (at least 80% SS reduction) shall be deployed to fully enclose the stone column installation point;

(b)    silt curtains (at least 75% SS reduction) shall be deployed to fully enclose the pipepile / sheetpile installation / demolition point;

(c)    the workfront of temporary reclamation shall be surrounded by cofferdams and the associated excavation and backfilling works for temporary reclamation shall have no contact with seawater outside the cofferdam.

 

 

 

 

Submission and Measures for Mitigating Land Contamination Impact

 

2.14           To determine the extent and level of land contamination and formulate necessary remedial measures at the Kowloon City Ferry Pier Public Transport Interchange and the To Kwa Wan Vehicle Examination Centre, the Permit Holder shall:-

 

(a)    no later than one month after the completion of the land contamination investigation works at the Kowloon City Ferry Pier Public Transport Interchange (boreholes EBH1 and EBH2 as shown in Figure 4 of this Permit) and the To Kwa Wan Vehicle Examination Centre (borehole EBH3 as shown in Figure 4 of this Permit) in accordance with the endorsed Contamination Assessment Plan (CAP)[1],  submit to the Director for approval four hard copies and one electronic copy of Contamination Assessment Report (CAR) to document the findings of the land contamination investigation works and assessment on the nature and extent of land contamination;

(b)    if land contamination is confirmed, submit to the Director for approval four hard copies and one electronic copy of Remedial Action Plan (RAP) to formulate necessary remedial measures.  All remedial measures described in the approved RAP shall be fully and properly implemented. 

(c)    if remediation is required, deposit with the Director four hard copies and one electronic copy of Remediation Report (RR), no later than one month after the completion of the remediation works.  The RR shall provide details on the remediation works carried out, types and volume of contaminated soil, standards and levels of treatment, and locations of all on-site and off-site disposal sites (including record of disposal).  No construction works at the Kowloon City Ferry Pier Public Transport Interchange or the To Kwa Wan Vehicle Examination Centre shall be carried out prior to the EPD's endorsement of the said RR.

 

Before submission to the Director, the CAR, RAP and RR shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.

 

Measures for the operation of the Kai Tak Barging Facility (KTBF)

 

2.15           To minimize any nuisance arising from the operation of the KTBF, the following mitigation measures shall be implemented (see note 8):

 

(a)     the number of construction and demolition material (C&DM) delivery vehicles departing from construction sites and works areas of the CKR to the KTBF shall not exceed 67 vehicles per hour or 400 vehicles per day;

(b)    in the event that the CKR uses the KTBF concurrently with other projects for handling C&DM disposal, the number of C&DM delivery vehicles delivering C&DM from the CKR to the KTBF shall be adjusted such that the total number of C&DM delivery vehicles using the KTBF shall not exceed 67 vehicles per hour or 400 vehicles per day;

(c)    loading of barges shall be controlled to prevent splashing of materials into the surrounding water. Barges shall not be filled to a level that will cause the overflow of materials during loading or transportation;

(d)     the tipping hall shall be equipped with a 3-sided screen and top cover, and operated with water sprays and flexible dust curtains at the discharge point; and

(e)    the haul roads within the KTBF shall be paved and sprayed with water once every working hour. Vehicles shall pass through wheel washing facilities before leaving the KTBF.

 

Submissions and/or Measures to be Implemented Before and During Operation of the Project

 

Submission for Mitigating Landscape and Visual Impact before operation of the Project

 

2.16           [Not Used]

 

Measures for Mitigating Noise Impact during operation of the Project

 

2.17           [Not Used]

 

Submission and Measures for Mitigating Operational Air Quality Impact

 

2.18           [Not Used]

 

2.19           [Not Used]

 

2.20           [Not Used]

 

2.21           [Not Used]

 

3.                  Environmental Monitoring and Audit (EM&A) Requirements

 

3.1               The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. Any change to the EM&A requirements or programme shall be justified by the ET Leader and verified by the IEC as conforming to the relevant requirements set out in the EM&A Manual and shall seek the prior approval from the Director before implementation.

 

3.2               Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:-

 

(a)      conducting baseline environmental monitoring;

(b)      conducting impact monitoring;

(c)      carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

(d)      logging and keeping records of details of 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 for inspection on site.

 

3.3               Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction of the Project.  The submissions 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.  (see note 8)

 

3.4               Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of each reporting month throughout the entire construction period. The EM&A Reports shall include a summary of all non-compliance. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided to the Director upon request by the Director. (see note 8)

 

3.5               All EM&A 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 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Condition 3.3 and 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)

 

4.2               [Not Used] 

 

4.3               [Not Used]

 

Notes:
µù:

 

1.                  This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project(s)) 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 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 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 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 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 construction or 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 construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.

 

7.                  Highways Department (HyD), the Permit Holder of Environmental Permit No. EP-457/2013, is required under EP-457/2013, or any subsequent Environmental Permit amended by the Director under the EIAO:

 

(i)        to establish an Environmental Team (ET) which shall be headed by an ET Leader; and

(ii)       to employ an Independent Environmental Checker (IEC),

 

for the CKR.

 

8.                  HyD, the Permit Holder of Environmental Permit No. EP-457/2013, is required under EP-457/2013, or any subsequent Environmental Permit amended by the Director under the EIAO:

 

(i)        to notify the Director in writing the commencement date of construction of the CKR;

(ii)       to deposit with the Director Landscape Mitigation Plan(s);

(iii)     to submit to the Director for approval the Construction Noise Mitigation Measure Plan;

(iv)     to implement dust mitigation measures during construction of the CKR;

(v)      to implement mitigation measures during operation of the KTBF;

(vi)     to submit to the Director the Baseline Monitoring Report; and

(vii)   to submit to the Director the monthly EM&A Reports,

 

for the CKR.

 

9.                  Any person who constructs or 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.

 

10.               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.

 

11.               The Notes are for general reference only and that the Permit Holder should refer to the EIAO for details and seek independent legal advice.

 

Environmental Permit No. FEP-01/457/2013/C

Àô¹Ò³\¥iÃÒ½s¸¹FEP-01/457/2013/C

Figure 1 | Figure 3a | Figure 3b | Figure 4 |


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[1] Appendix 8.3 of the approved EIA Report (Register No.: AEIAR-171/2013)