ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 13

環 境 影 響 評 估 條 例
(第 499章)
第 13條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建 造 及 營 辦 指 定 工 程 項 目 的 環 境 許 可 證

PART A (MAIN PERMIT)
A部 (許 可 證 主 要 部 分)

Pursuant to Section 13 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) amends the environmental permit No.EP-005/1998 granted to the REGIONAL HIGHWAY ENGINEER/NEW TERRITORIES, HIGHWAYS DEPARTMENT (the Permit Holder) on 18 September 1998. This amended environmental permit is for constructing and operating the designated project described in Part B subject to the conditions described in or attached to Part C. The environmental permit No.EP-005/1998 is hereby replaced by this amended environmental permit.

The issue of this amended environmental permit is based on the documents, approvals or permissions described below:

根 據 環 境 影 響 評 估 條 例 第 13條 的 規 定 ﹐ 環 境 保 護 署 署 長 (署 長 ) 現 修 訂 於 一 九 九 八 年 九 月 十 八 日 批 予 路 政 署 助 理 署 長 /新 界 (許 可 證 持 有 人 )的 環 境 許 可 證 編 號 EP-005/1998。 許 可 證 持 有 人 可 以 本 經 修 訂 的 環 境 許 可 證 建 造 及 營 辦 B部 所 說 明 的 指 定 工 程 項 目 ﹐ 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件 。 環 境 許 可 證 編 號 EP-005/1998已 被 本 經 修 訂 的 環 境 許 可 證 所 取 代 。

本 經 修 訂 的 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 或 許 可 條 件 而 簽 發 ﹕ -

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 的 說 明)

Hereunder is the description of the designated project mentioned in Part A of this 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 :

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the EIAO and may become 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 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.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his 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.

1.5 The Permit Holder shall display a copy of this Permit on the construction site 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 construction site.

1.6 The Permit Holder shall construct and operate the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the EIA Report (Register No. EIA-110/BC); other relevant documents in the Register; and the information or mitigation measures described in this Permit, or 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, or 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 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 EIAO.

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).

2. Submissions or Measures before Commencement of Construction

2.1 The Permit Holder shall employ an Independent Environmental Checker before the commencement of construction of the Project. The Independent Environmental Checker shall have at least 7 years experience in environmental monitoring and auditing or environmental management. The Independent Environmental Checker shall verify the overall environmental performance of the Project, including all the implementation of environmental mitigation measures, submissions relating to environmental monitoring and auditing, and any other submissions required under this permit.

2.2 An Environmental Team shall be established before the commencement of construction of the Project. The Environmental Team shall be headed by a team leader who has at least 7 years experience in environmental monitoring and auditing or environmental management.

2.3 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale design drawings showing the locations and details of the noise barriers, i.e. about (i) 456m of 3m high plain barriers, (ii) 199m of 3m high inverted-L barriers with an inclined panel of 0.9m in length, and (iii) 301m of 3m high inverted-L barriers with an inclined panel of 1.3m in length before the commencement of construction of the relevant sections of the Project. Before submission, the design drawings shall be verified by the Independent Environmental Checker. Additional copies of the design drawings may be required by the Director. The design of the noise barriers shall also follow the attached Figures No. 2.10 and 2.11 of the EIA Report and incorporating the following features into the design:-

(a) variety in the height in the panel sections of the barriers with a staggered upper and lower line;

(b) variety in the widths of the panel sections interchanged in sequence;

(c) variety in the size of the solid and clear vision panels to reduce the uniformity of the appearance; and

(d) ribbed finish to the solid panels, in alternating directions, in a range of four colors to blend in with the color tones and textures of the surrounding roadside landscape and mitigation planting proposals.

2.4 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the following landscape and visual mitigation measures before the commencement of construction of the relevant sections of the Project. Before submission, the layout drawings shall be verified by the Independent Environmental Checker. Additional copies of the layout drawings may be required by the Director.

(a) the alignments and configurations of all new carriageways, drainage channels and footpaths to be refined to minimize potential visual and landscape impacts;

(b) the light shield/recessed flat light to be adopted on street lighting system along the carriageways;

(c) the bridge decks, abutments, pedestrian underpasses, retaining walls, noise barriers, and the hard landscaping of pedestrian areas adjacent to the carriageways to be architecturally treated;

(d) the engineered slopes to be trimmed to blend into adjacent natural slope profiles.

2.5 The Permit Holder shall conduct a survey of the Project site area to determine and map the distribution and abundance of the existing vegetation types, to locate trees and other vegetation which should be retained, transplanted or replanted. The Permit Holder shall submit for the approval of the Director the survey report and 3 sets of 1 to 1000 scale layout drawings, showing existing vegetation to be retained and methods of protecting those vegetation from being damaged by any construction activities, the areas to be re-vegetated and planted within the Project site area, and the programme for their implementation before the commencement of construction of the relevant sections of the Project. Before submission, the survey report and the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. Additional copies of the survey report and the layout drawings may be required by the Director.

2.6 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the Woodland Mix (including Endospermum chinense in the compensating replanting) to be planted to all cut and embankment slopes and to other open areas within the Project site area; additional trees to be planted alongside the new carriageways and along the existing roads within the Project site area; as well as ornamental shrub to be planted in pedestrian areas before the commencement of construction of the Project. Before submission, the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. Additional copies of the layout drawings may be required by the Director.

2.7 3 sets of 1 to 1000 scale layout drawings showing the oil/grit separators to be used during the operational phase shall be deposited with the Director before the commencement of operation of the Project. Before submission, the layout drawings shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA Report. Additional copies of the layout drawings may be required by the Director.

3. Submissions or Measures during the Construction Period

3.1 3 sets of 1 to 1000 scale layout plans showing the noise mitigation measures to be adopted during construction in relevant sections of the Project shall be deposited with the Director before the commencement of the construction of the corresponding sections of the Project. Before submission, the layout plans shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in section 2.6.1 of the EIA report. Additional copies of the layout plans may be required by the Director.

3.2 A desilting facility to prevent debris settlement in the existing streams and channels shall be provided.

3.3 Foul water effluent shall be directed to a foul sewer or to a sewage treatment facility.

3.4 All design and construction mitigation measures described in the submissions approved or deposited under Section 2 above and Condition 3.1 above shall be properly constructed and implemented. Any changes to the measures shall be verified by the Independent Environmental Checker as complying with the environmental performance requirements contained in the EIA Report before implementation. The verified changes shall be documented in the immediately following monthly EM&A report.

4. Environmental Monitoring and Audit

4.1 The EM&A programme shall be implemented as set out in the EM&A Manual of the EIA Report. Any changes to the programme shall be justified by the Independent Environmental Checker as conforming to the requirements set out in the EM&A Manual of the EIA Report before submission to the Director for approval.

4.2 Samples and measurements for noise, air quality and landscape and replanting works monitoring shall be taken in accordance with the requirements of the EM&A Manual of the EIA Report by:

(a) conducting baseline noise and air quality monitoring at the specified locations and frequencies;

(b) conducting impact monitoring on noise and air quality at the specified locations and frequencies;

(c) conducting monitoring on landscape and replanting works in accordance with sections 4 and 5 of the EM&A Manual of the EIA Report;

(d) in cases where specified criteria in the EM&A Manual are exceeded, carrying out remedial actions in accordance with the Event/Action Plan, as set out in the EM&A Manual; and

(e) logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the EM&A Reports and to make available the information for inspection on site.

4.3 5 copies of the Baseline Monitoring Report verified by the Independent Environmental Checker shall be submitted to the Director before the commencement of any major construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.

4.4 5 copies of monthly EM&A Report verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days from the end of the reporting month. Additional copies of the monthly EM&A Report may be required by the Director.

4.5 The actions described in the Event/Action Plans of the EM&A Manual shall be properly carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by 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 that the following notes are for general information only.

2. 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.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

5. 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.

6. 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 $2,000,000 and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $5,000,000 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 $1,000,000 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.

7. 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.

Environmental Permit No. VEP-016/2000/A/EP-005

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