Environmental Permit No. FEP-13/364/2009/H

環境許可證編號 FEP-13/364/2009/H

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 12

環境影響評估條例

(第499章)

第10及12條

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT

PART OF A DESIGNATED PROJECT

建造指定工程項目的部分而發出新的環境許可證

PART A (MAIN PERMIT)

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 LEIGHTON CONTRACTORS (ASIA) LIMITED and CHINA STATE CONSTRUCTION ENGINEERNG (HONG KONG) LIMITED jointly trading as LEIGHTON – CHINA STATE JOINT VENTURE (hereinafter referred to as the "Permit Holder") to construct the part of 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禮頓建築(亞洲)有限公司及中國建築工程(香港)有限公司聯合經營禮頓–中建聯營 (下稱 “許可證持有人”)。以建造本許可證B部所說明的指定工程項目的部分，但須遵守C部所列明的條件。本新的環境許可證的發出，及以下表所列的文件、批准或許可作為根據：

Application No.

申請書編號

FEP-199/2020

Document in the Register :

登記冊上的文件:

1. Central - Wan Chai Bypass and Island Eastern Corridor Link (Register No.: AEIAR-041/2001)

- Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as "the CWB&IECL EIA Report"]

- 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/10 II

3. Wan Chai Development Phase II and Central-Wan Chai Bypass (Register No.: AEIAR-125/2008)

- Environmental Impact Assessment Report (December 2007)
[Hereinafter referred to as “the WDII&CWB EIA Report”]

- 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/S3/15 Pt.2

5. Central Reclamation Phase III – Studies, Site Investigation, Design and Construction (Register No.: AEIAR-040/2001)

- Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as "the CRIII EIA Report"]

- 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 “DP3” in the WDII&CWB EIA Report);

(ii) Wan Chai East Sewage Outfall (referred to as “DP5” in the WDII&CWB EIA Report); and

(iii) Dredging for the Cross-harbour Water Mains from Wan Chai to Tsim Sha Tsui (referred to as “DP6” in the WDII&CWB EIA Report).

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. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 31 August 2012 (Application No. VEP-374/2012)

12. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 20 June 2014 (Application No. VEP-443/2014)

13. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 28 October 2015 (Application No. VEP-485/2015)

14. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 7 December 2016 (Application No. VEP-512/2016)

15. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 10 May 2019 (Application No. VEP-561/2019)

16. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 17 September 2019 (Application No. VEP-565/2019)

17. Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 27 March 2020 (Application No. VEP-572/2020)

18. Application documents for Further of Environmental Permit including all attachments submitted by the Permit Holder on 7 May 2020 (Application No. FEP-199/2020)

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2001 年8月31日發出CWB&IECL環評報告的批准信，檔案編號: (19) in Ax(2) to EP2/H4/A/10 II

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2008年3月11日、2008年4月9日及2008年11月14日所提交的進一步資料

4. 署長於2008 年12月11日發出批准WDII&CWB環評報告的信件，檔案編號: (85) in EP2/H4/S3/15 Pt. 2

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2001 年8月31日發出 CRIII環評報告的批准信，檔案編號: (19) in Ax(4) to EP2/H4/C/09 II

7. 已簽發的環境許可證– 許可證編號EP-356/2009; 於2009年7月30日簽發與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“DP3”)

(ii) 灣仔東污水排水口(WDII&CWB環評報告內稱“DP5”);及

(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“DP6”)。

8. 許可證持有人於2009 年7 月27 日提交的環境許可證申請文件及附件(申請書編號: AEP-364/2009)

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 7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-321/2010)

11. 許可證持有人於2012年 8月31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-374/2012)

12. 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)

13. 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)

14. 許可證持有人於2016年12月7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-512/2016)

15. 許可證持有人於2019年5月10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-561/2019)

16. 許可證持有人於2019年9月17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-565/2019)

17. 許可證持有人於2019年3月27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-572/2020)

18. 許可證持有人於2020年5月7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-199/2020)

2 June 2020

2020 年 6 月 2 日

Date

日期

(Sunny C.W.Cheung)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任張展華代行)

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:

Title of Designated Project

指定工程項目的名稱

Central – Wan Chai Bypass (CWB) including its Road Tunnel and Slip Roads

(referred to as “DP1” in the WDII&CWB EIA Report) (This designated project is hereafter referred to as “the Project”) – as part of the “DP1” which is covered in the Environmental Permit No. EP-364/2009/H

中環灣仔繞道，包括其行車隧道及連接路

(本指定工程項目下稱“工程項目”)

Nature of Designated Project

指定工程項目的性質

The Project will involve construction of:

· a trunk road; and

· its road tunnel more than 800m in length between portals

此工程項目涉及興建:

· 一條主幹道; 及

· 其入口之間的長度超過800米的行車隧道

Location of the part of Designated Project

其中部分指定工程項目的地點

The location of the part of the Project is “Slip road 3”, details shown in Figure 1 of this Permit

該部分指定工程項目位於連接路3，詳情請參閱許可證圖1

Scale and Scope of the Part of the Designated Project

其中部分指定工程項目的規模和範圍

The scope of the part of the Project includes:

· slip roads to connect the CWB to the local road system in the Wan Chai North and Causeway Bay area;

· associated road lighting, road signing, traffic control and surveillance system; and

· other associated works

Remarks:

(a) The scope of part the Project does not include (i) the tunnel structure works of the CWB within Central Reclamation Phase III (CRIII) area in Central waterfront area; (ii) the permanent and temporary reclamation and associated dredging works related to the CWB construction; and (iii) the Road P2 and other roads which are classified as primary/district distributor roads in Wan Chai waterfront area near Hong Kong Convention and Exhibition Centre (referred to as “DP2” in the WDII&CWB EIA Report (Register No. AEIAR-125/2008)

該部分工程項目的範圍包括:

· 連接主幹道與灣仔北和銅鑼灣地區現有道路的連接道;

· 相關的道路照明、道路標誌和交通管制及監察系統; 及

· 其他相關工程

備註:

(a) 本許可證不包括: (i) 中環灣仔繞道位於中環填海第三期地區內的隧道結構建造工程、(ii) 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)及(iii) 在WDII&CWB環評報告中提及的指定工程項目DP2，位於灣仔海旁地區，近香港會議展覽中心的P2路和其他分類為主要幹道或地區幹道的道路

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder and any person working on the part of 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 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 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 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 part 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 this 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 part of the Project in accordance with the project description in Part B of this Permit.

1.7 The Permit Holder shall ensure that the part of 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 permits and 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 part 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) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.

1.10 The Permit Holder shall release all finalised 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 finalised 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.

2 Special Conditions

Submissions or Measures to be implemented before Construction of the Project

Employment of Environmental Monitoring and Audit Personnel

2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the part of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the part of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the updated EM&A Manual of the part of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report 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 and this Permit or by the Director or his authorised officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the updated EM&A Manual of the part of the Project or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the part of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the part of the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the updated EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the updated EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report and this Permit, which might affect the monitoring or control of adverse environmental impacts from the part of the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the updated EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

Environmental Project Committee

2.3 To oversee and facilitate effective control of the construction of the part of the Project and concurrent works under the entire Wan Chai Development Phase II (WDII) and Central – Wan Chai Bypass (CWB) (hereafter referred to as the whole Project), the Permit Holder shall take part as a member of the Environmental Project Committee (ENPC) being set up for the whole project (see note 8).

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 requirements set out under subsequent Environmental Permits issued for the whole project and other relevant nearby projects (see notes 7 & 8).

Measures to Mitigate Construction Noise Impact

2.4 To mitigate construction noise impact, at least two weeks prior to the commencement of construction of the corresponding component(s) of the part of the Project, four hard copies and one electronic copy of the construction noise management plan shall be deposited with the Director. The construction noise management plan shall consist 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 equipment 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).

Measures to Mitigate Landscape and Visual Impact

2.5 To reduce the landscape and visual impact during construction stage of the part 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 part 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 part 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.

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. Any major changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the updated EM&A Manual before submission to the Director for approval. The EM&A programme shall include, among other items, the air quality and noise monitoring and audit details to cover the different construction phases.

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

(a) conducting impact monitoring;

(b) 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 of this Permit are exceeded; and

(c) 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.

3.3 Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of each reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). In compiling this monthly EM&A Report, the Permit Holder shall address all relevant cumulative construction impacts due to concurrent activities of the concurrent projects including the Central Reclamation Phase III and the Wan Chai Development Phase II projects. The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

3.4 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Conditions 0.3 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.

4.2 All environmental monitoring data described in Condition 4.1 above shall be made available to the public via a dedicated web site being set up for the CWB project (see note 9) in the shortest practicable time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

Notes :

1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the 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 authorised officer may, with the consent of the Secretary for the Environment, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorised officer.

3. The Permit Holder may apply under Section 13 of the 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.

All submissions or any variation of the submission shall be certified by the ET Leader(s) and verified by the IEC before submitting the Director.

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-13/364/2009/H

環境許可證編號 FEP-13/364/2009/H

| Figure 1 |

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