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 Director of Environmental Protection (the Director) amends the Environmental Permit No. EP-028/1999 granted to the NEW TERRITORIES NORTH DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (the "Permit Holder") on 24 June 1999. This amended environmental permit is for the construction and operation of the designated project described in Part B subject to the conditions described in or attached to Part C. The Environmental Permit No. EP-028/1999 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 九 年 六 月 二 十 四 日 批 予 拓 展 署 (新 界 北 拓 展 署 ) (許 可 證 持 有 人 ) 的 環 境 許 可 證 編 號 EP-028/1999. 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-028/1999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 :

下 列 為 本 環 境 許 可 證 A部 所 提 及 的 指 定 工 程 項 目 的 說 明 :

PART C (PERMIT CONDITIONS)

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 Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 This permit shall not remove the responsibility of the permit holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354), and others.

1.3 The Permit Holder shall make copies of this permit available at all times for inspection by the Director at all the sites covered by this permit.

1.4 The Permit Holder shall give a copy of this permit to the person(s) in charge of the site(s).

1.5 The Permit Holder shall display a copy of this permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the environmental 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 of Environmental Protection shall also be displayed at the same locations as the original permit.

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this permit.

1.7 Unless otherwise specified by Condition 3.1, the Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations contained in the EIA Report (Register No. EIA-001/1998).

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 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public, if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places 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.

1.10 The Permit Holder shall notify the Director 4 weeks prior to the commencement and completion of the Project works.

2. Submissions or Measures before Commencement of Construction

2.1 An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET shall be headed by a team leader who has at least 7 years experience in environmental monitoring and auditing (EM&A) or environmental management. 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 EM&A Manual.

2.2 The Permit Holder shall employ an Independent Environmental Checker (IEC) before the commencement of construction of the Project. The IEC shall have at least 7 years experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission required under this Permit.

2.3 The Permit Holder shall deposit with the Director 3 copies of the implementation schedule showing the scope, locations and timing of the construction works and mitigation measures to be carried out within the work site boundaries as indicated in Drawing No. 94998/1004B. The submission shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report. Additional copies may be required by the Director. All measures recommended in the deposited implementation schedule shall be fully implemented.

2.4 The Permit Holder shall deposit with the Director 3 sets of landscape plan(s) and tree transplantation proposals of the Project of scale 1 to 1000 or other appropriate scale. It shall also include a management and maintenance schedule of the landscape areas to be managed and maintained. The submission shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in Section 8.9 of the EIA Report. Additional copies may be required by the Director. All measures recommended in the deposited landscape plan(s) and tree transplantation proposals shall be fully implemented.

2.5 The Permit Holder shall deposit with the Director 3 sets of specification showing the design of the deodorization units for the sewage pumping station. The submission shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report. Additional copies may be required by the Director. The deodorization units shall be constructed and operated in accordance with the details specified in the deposited specification.

2.6 Any changes to the measures shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the immediately following monthly EM&A report.

3. Measures for Construction and Operation of the Project

3.1 If the Project comes into operation before the Hong Kong Institute of Biotechnology (HKIB) Staff Quarters are converted into offices with central air conditioning and window insulation as indicated in Sections 3.1, 3.2 and 6.0 of the Traffic Noise Impact Assessment for the Hong Kong Institute of Biotechnology Auxiliary Building at Shatin dated August 2000 (Report No. 385) submitted with the Environmental Permit Application No. VEP-026/2000, the noise barriers alongside the Southern Access shall be constructed in accordance with Drawing Nos. 94998/01002C, 02201B and 02202A of the Environmental Permit Application No. AEP-028/1999. The noise barriers shall be continuous structures with no gap or opening except where access roads are required.

3.2 The sewage pumping station and the equalization tanks shall be constructed in accordance with Drawing Nos. 94998/02302 to 02307 of the Environmental Permit Application (AEP-028/1999). The sewage pumping station shall be equipped with deodorization units as specified in the documents submitted under Condition 2.5 of this Permit.

3.3 Any changes to the measures shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations 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 IEC and approved by the Engineer 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 water quality monitoring shall be taken in accordance with the requirements of the EM&A Manual of the EIA Report by :

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

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

c) 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

d) logging and keeping records of the details of (a) and (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 IEC and approved by the Engineer shall be submitted to the Director 4 weeks 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 IEC and approved by the Engineer shall be submitted to the Director within 10 working days from the end of the reporting month or by other means as specified by the Director. Additional copies of the monthly EM&A Report may be required by the Director.

4.5 The submitted reports as required in Conditions 4.3 and 4.4 above shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise specified by the Director.

4.6 The actions described in the Event/Action Plans of the EM&A Manual shall be carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.

Notes:

1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

2. The permit holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this environmental 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 with the consent of the Secretary for Environment and Food, may suspend, vary or cancel this environmental permit. The permit shall be removed from the display on the construction site.

5. If this permit is cancelled or surrendered during the construction or operation, an environmental permit must be obtained under the Ordinance before the construction or operation of the project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

7. Conditions 1.7 and 3.1 have been amended as a result of Environmental Permit Application No. VEP-026/2000.

Environmental Permit No. VEP-026/2000/A/EP-028