ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13

環 境 影 響 評 估 條 例
(第 499章 )
第 10及 第 13條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE DESIGNATED PROJECT(S)

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 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit (EP-054/2000) to the Civil Engineering Department (hereinafter referred to as the "Permit Holder") on 28 April 2000. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-054/2000/B) based on the Application No. VEP-054/2001. The amendments, described below, are incorporated into this Environmental Permit (EP-054/2000/C). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.

根 據 環 境 影 響 評 估 條 例 (條 例 )第 10條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 於 2000年 4月 28日 將 環 境 許 可 證 (EP-054/2000)批 予 土 木 工 程 署 (下 稱 "許 可 證 持 有 人 ")。 根 據 條 例 第 13條 的 規 定 ﹐ 署 長 因 應 更 改 環 境 許 可 證 的 申 請 編 號 VEP-054/2001修 訂 環 境 許 可 證 編 號 EP-054/2000/B。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-054/2000/C)。 本 經 修 訂 的 環 境 許 可 證 作 為 建 造 及 營 辦 本 許 可 證 B部 所 說 明 的 指 定 工 程 項 目 ﹐ 但 須 遵 守 本 許 可 證 C部 所 說 明 或 附 載 的 條 件 。

This Environmental Permit is based on the documents, approvals, and applications described below :-

本 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 及 申 請 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 :

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) (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), 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 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 by the Permit. The site(s) refers to the site(s) of the construction, operation and/or decommissioning of the Project(s) and shall mean the same hereinafter.

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 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 the display at the construction site(s).

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. AEIAR-032/2000); 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. All submissions or any variations of the submissions shall be verified and certified by the Independent Environmental Checker (IEC) or the Environmental Team (ET) Leader referred to in Condition 2.1 and 2.2 below, before submitting to the Director under this Permit.

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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least one week prior to the commencement of any major dredging or filling activities of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.12 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. Special Conditions

2.1 An Independent Environmental Checker (IEC) shall be employed within two weeks after the commencement of construction of the Project. The IEC shall have at least 7 years' experience in environmental monitoring and audit (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 submissions required under this Permit. In addition, the IEC shall be responsible for verifying and certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.2 An Environmental Team (ET) shall be established within two weeks after the commencement of construction of the Project. The ET shall be headed by the ET Leader who shall have at least 7 years' experience in 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 approved EM&A Manual submitted and approved under Condition 2.3 of this Permit.

2.3 No later than 6 weeks after commencement of the construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an Environmental Monitoring and Audit (EM&A) Manual for the construction of the Project. The EM&A Manual approved under this condition shall hereafter be referred to as the EM&A Manual.

2.4 Before the submission of the EM&A Manual required under Condition 2.3 to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report including without limitation the details of the monitoring of the transplanted species as described in Condition 2.22 and monitoring of the rehabilitation in the sloping seawall as described in Condition 2.29. All measures recommended in the EM&A Manual shall be fully implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual.

2.5 Prior to the approval of the EM&A Manual submitted under Condition 2.3, water quality monitoring shall be carried out in accordance with the requirements as contained in Section 7 of Annex N of the EIA Report, unless otherwise specified by the Director.

2.6 To oversee the cumulative environmental impacts arising from the developments in Penny's Bay and the adjoining areas, the Permit Holder shall set up an independent Environmental Project Office (ENPO) in accordance with Section 3 of Annex N in the EIA Report. The ENPO shall be formed on or before 1 December 2001 or within 2 months as directed by the Director in the event there is a need to control multiple contracts within the Penny's Bay and the adjoining areas.

2.7 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, 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 Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

2.8 Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval within 6 weeks after the commencement of construction of the Project. The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in Section 6.7 and Section 16 of the EIA Report. Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials and disposal location of different categories of waste. All measures in the approved Waste Management Plan shall be fully implemented throughout the construction period.

2.9 As recommended in Section 6.5.18 and Section 6.5.19 of the EIA Report, no less than 13 million m3 of public fill shall be used in the project. Three sets of fill import programme shall be deposited with the Director within 6 weeks after the commencement of construction of the Project. The programme shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report and shall demonstrate that the total amount of public fill imported for the Project shall not be less than 13 million m3, unless otherwise agreed with the Director. The actual amount of fill imported for the Project shall be recorded and reported in the monthly EM&A report.

Measures to Mitigate Water Quality Impacts

2.10 As recommended in the EIA Report, those reclamation works described in Table 2.3a and Figure 2.3a of the EIA Report shall be designed and constructed by drained method as far as practicable. As indicated in Section 6.5.5 and Section 6.5.6 of the EIA Report, the volume of marine sediment to be dredged for the reclamation shall not be greater than 45 million m3, unless otherwise agreed with the Director. The actual amount of marine sediment dredged for the Project shall be recorded and reported in the monthly EM&A report.

2.11 The reclamation sequence shall be scheduled to avoid formation of embayed water bodies and prevent water pollution problems. Three sets of reclamation schedule shall be deposited with the Director within 6 weeks after the commencement of construction of the Project. The reclamation schedule shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA reports. The reclamation works shall be carried out according to the sequence as indicated in the reclamation schedule deposited with the Director, unless otherwise agreed with the Director.

2.12 To ensure that any fine sediment lost to suspension during the filling activities and operation of the re-handling basins shall not be dispersed outside the works area, any filling activities and operation of re-handling basins shall be carried out behind seawalls which shall be constructed to above high water level and at least 200 m in advance of the filling point or location of re-handling basins. In the event that the 200 meters lead of seawall construction is not practicable, other suitable barriers shall be implemented to provide an effective lead of 200 meters upon prior written approval by the Director.

2.13 To minimize water quality impacts during dredging and filling, the total maximum rates of dredging and filling shall be as described below:

(a) Total maximum dredging rate by all trailing suction hopper dredgers shall not exceed 404,000 m3 per week and the total maximum dredging rate by all 8.5m3 grab dredgers shall not exceed 230,000 m3 per week and total maximum filling rate by all trailing suction hopper dredger shall not exceed 331,600 m3 per week; or

(b) Total maximum dredging rate by all trailing suction hopper dredgers shall not exceed 291,000 m3 per week and the total maximum dredging rate by all 8.5m3 grab dredgers shall not exceed 230,000 m3 per week and the total maximum filling rate by all trailing suction hopper dredgers shall not exceed 994,800 m3 per week.

2.14 Any proposal to adopt a different combination of plant type and maximum dredging/filling rates shall be certified by the ET Leader and verified by the IEC and shall be submitted to the Director for approval. The total loss rate of fine sediment to suspension due to dredging and filling shall not be greater than 25.3 kgs-1 unless otherwise approved by the Director. Before the Director's approval is obtained, the maximum dredging and filling rates as stated in Condition 2.13 shall be complied with.

2.15 Monitoring of Tributyl Tin (TBT), Polycyclic Aromatic Hydrocarbons (PAHs) and Polychlorinated Biphenyls (PCBs) levels in waters shall be carried out before and during the initial phases of dredging operations in Penny's Bay. The details of the monitoring shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.16 An additional water quality monitoring station shall be established at the Ma Wan Fish Culture Zone. The details of the monitoring shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.17 The following general working methods shall be implemented during dredging and filling works to minimise the loss of fine sediment to suspension:

(a) for dredging uncontaminated sediment tightly closing grabs shall be used to restrict the loss of fine sediment to suspension;

(b) when dredging mud at the reclamation site trailer dredgers shall be prohibited from overflowing or using Automatic Lean Mixture Overboard (ALMOB) systems;

(c) all barges used for the transport of dredged materials shall be fitted with tight bottom seals in order to prevent leakage of material during loading and transport; and

(d) 'Rainbowing' sand fill from trailer dredgers shall not be permitted except when the material is discharged onto areas above water level or in areas which are sheltered behind seawalls, or other suitable barriers, which have been constructed at least 200 m in advance of the discharge point.

2.18 The Permit Holder shall deposit with the Director three sets of dredging plan for the area designated as "Lake" as shown in Figure 1 attached to this Permit before the dredging for the relevant part of works.

2.19 The Western Drainage Channel as shown in Figure 2 attached to this Permit shall be designed and constructed to retain the existing natural coastline of Penny's Bay.

2.20 All surface run-off from carparks, utility yards and public roads shall be collected, treated by silt traps and oil and grit interceptors and shall not be discharged into the Western Drainage Channel prior to the commencement of construction of the drainage system. The design of the stormwater drainage system shall be certified by the ET Leader and verified by the IEC as conforming to the EIA Report.

2.21 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, all mitigation measures described in Appendix A shall be implemented throughout the construction period.

Measures to Mitigate Terrestrial Ecological Impacts

2.22 No less than 6 ha. of compensatory tree planting shall be carried out at Ngong Shuen Au. Three sets of compensatory tree planting plan shall be deposited with the Director within 12 months after the commencement of construction of the Project. The compensatory tree planting plan shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations in the EIA Report. The compensatory tree planting plan shall include information on the size and location of the planting site, species to be planted, schedule of the plantation works, the monitoring and maintenance arrangements of the planted trees. The Permit Holder shall carry out a monitoring programme for at least 3 years and a maintenance programme for at least 10 years after plantation by qualified botanists.

2.23 To avoid impacts on the rare/restricted/protected species including without limitation to Rice Fish (Oryzias latipes) in Mong Tung Hang Stream, Pitcher Plant (Nepenthes mirabilis), Fimbristylis acuminata and Fimbristylis complanata behind Cheoy Lee Shipyard, no works shall be carried out within the areas where rare/restricted/protected species are found as shown in Figure 7.6a of the EIA Report before the completion of a detailed vegetation survey. Three sets of detailed vegetation survey reports shall be deposited with the Director within 8 weeks after the commencement of construction of the Project. The survey report shall be certified by the ET Leader and verified by the IEC before submission. The survey report shall indicate the detailed setting out of the Project site boundary and demonstrate that the impacts are avoided or minimized to the most practicable extent. The survey report shall include a transplantation schedule and a 3-year monitoring programme after transplantation of the rare/restricted/ protected species which will be affected by the construction activities. No construction works of the relevant part(s) of the Project shall be carried out prior to the transplantation of plant species.

2.24 Public land access from the Project works areas to Pa Tau Kwu shall be fenced off to prevent access of workers to the nesting site of the White-bellied Sea Eagles.

2.25 No construction activities, including transportation of equipment, shall be allowed at Pa Tau Kwu headland as shown in Figure 2 attached to this Permit.

2.26 To avoid disturbance to the White-bellied Sea Eagles at Pa Tau Kwu, quiet plant as described in Section 4.6.6 of the EIA report shall be adopted for any construction activities within areas as shown in Figure 2 attached to this Permit.

2.27 Monitoring of the White-bellied Sea Eagles at Pa Tau Kwu shall be carried out during the entire construction period. The details of the monitoring shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.28 The site working area shall not extend onto the natural slope and coastline of Tai Shan which is located adjacent to the Western Drainage Channel. The eastern slope of the channel shall be vegetated.

Measures to Mitigate Marine Ecological & Fisheries Impacts

2.29 The seawall shall be designed and constructed to allow for rehabilitation of sub-tidal and inter-tidal habitats. Three sets of seawall design drawings shall be deposited with the Director within 3 months after the commencement of the construction of the Project. The design drawings shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA Report and shall show the key design features to demonstrate that the seawall design can allow for rehabilitation of sub-tidal and inter-tidal habitats. The seawall shall be constructed in accordance with the deposited seawall design drawings deposited with the Director. Three sets of the as-built drawings of the seawall construction shall be deposited with the Director within 3 months after the completion of the seawall construction works to show that design features for rehabilitation of sub-tidal and inter-tidal habitats are actually built.

2.30 The Permit Holder shall undertake a three-year monitoring programme of the effectiveness of the sloping seawall as an ecological mitigation measure. If re-colonization of the corals occurs at a slow rate, the Permit Holder shall continue the monitoring for another three years. If re-colonization does not occur, the Permit Holder shall submit proposal on further mitigation measures to the Director for approval. The Permit Holder shall fully and properly implement the approved mitigation measures.

2.31 To enhance the sub-tidal habitat, the Permit Holder shall deploy at least 4,350 m3 Artificial Reefs (ARs) as directed by the Director and the management arrangement worked out to the satisfaction of the Director. The Permit Holder shall submit the detailed design and implementation schedule of the ARs to the Director for approval at least 12 months before the completion of the reclamation. The Permit Holder shall deploy the AR in accordance with the approved schedule and details prior to the opening of the theme park in Penny's Bay.

2.32 To monitor the changes in subtidal conditions during construction, underwater video/photo taking shall be carried out in the regular environmental monitoring and audit programme. The details shall be included in the EM&A Manual submitted under Condition 2.3 of this Permit.

2.33 The speed of construction ferries and vessels shall not exceed 10 knots when passing through an area within 500 meters from the reclamation limit as shown in Figure 5 attached to this Permit.

2.34 No underwater blasting shall be carried out.

2.35 No underwater percussive piling shall be carried out between September to February inclusive.

2.36 For underwater percussive piling carried out between March to August inclusive, the following mitigation measures shall be taken:

(a) An exclusion zone of 500 m radius shall be scanned around the work area for at least 30 minutes prior to the start of the piling. If cetaceans are observed in the exclusion zone, piling shall be delayed until they have left the area;

(b) A bubble curtain shall be used to surround the piling barge and work area, and the bubble curtain shall be in operation during any time in which piling occurs; and

(c) The mitigation measures taken in (a) and (b) of this Condition shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA Report before any underwater piling works can be carried out.

Measures to Mitigate Cultural Heritage Impacts

2.37 The rescue excavation at Chok Ko Wan archaeological site shall be completed to the Director's satisfaction prior to any construction works commencing within the archeological site area as shown in Figure 3 attached to this Permit.

2.38 At the Wan Tuk archaeological site, the following mitigation measures in accordance with Section 11.7 of the EIA Report shall be implemented:

(a) plastic sheets shall be used to cover the Wan Tuk archeological site area (as shown in Figure 4 attached to this Permit) before the filling works at the Wan Tuk archaeological site commence; and

(b) to prevent waterlogged conditions, no site runoff shall be allowed to discharge into the Wan Tuk archeological site area.

Other Mitigation Measures

2.39 To reduce the quantity of construction and demolition wastes, wood hoarding shall not be used.

2.40 No works except for investigation works necessary for the completion of the decommissioning EIA study for the shipyard, shall be carried out within the Cheoy Lee Shipyard at Penny's Bay.

2.41 Hydroseeding to reclamation shall be undertaken if the lapse time between the completion of the reclamation and subsequent development is one year or more.

2.42 The road surface of the maintenance road as shown in Figure 2 attached to this Permit shall be formed with grasscrete or other form of reinforced vegetated surface.

2.43 The detailed design of the Western Drainage Channel and the maintenance road shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA Report prior to the construction of the channel.

2.44 All mitigation measures as described in the EM&A Manual and the submissions required under this Permit, shall be properly constructed and implemented.

3. Submissions or Measures for the Operation of the Project

3.1 The following earth berms shall be constructed as shown in Figure 6 attached to this Permit, unless otherwise agreed by the Director, prior to the operation of the Theme Park:

(a) Earth berms of 5 to 9 metres high shall be constructed to encircle the Theme Park as shown in Figure 6 attached to this Permit;

(b) Earth berms of at least 3 to 9 metres high shall be constructed to encircle the sewage pumping station within the Utility Yard as shown in Figure 6 attached to this Permit; and

(c) Earth berms of at least 9 metres high shall be constructed to partially encircle the Penny's Bay Gas Turbine Plant (GTP) as shown in Figure 6 attached to this Permit.

4. Environmental Monitoring and Audit (EM&A) during the Construction Period

4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual. Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.

4.2 Samples and measurements shall be taken in accordance with the requirements in the EM&A Manual by:

(a) conducting baseline monitoring on water quality, noise, air quality, terrestrial ecology as set out in the EM&A Manual.

(b) conducting impact monitoring on water quality, noise, air quality, terrestrial and marine ecology as set out in the EM&A Manual.

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

(d) 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 monthly EM&A reports and to make available the information for inspection on site.

4.3 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

4.4 One hard copy and one soft copy of the Baseline Monitoring Report shall be submitted to the Director 1 week before the commencement of any major construction works that would affect the monitoring results. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

4.5 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks from the end of the reporting month. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

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

5. Electronic Reporting of EM&A Information

5.1 To enable the public inspection of the Baseline Monitoring Report, monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of monthly EM&A 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 hard copies as described in Conditions 4.4 and 4.5. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.

5.2 All environmental monitoring data as described in Condition 5.1 above shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing within 6 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed. The internet address and the environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

5.3 The internet website as described in Condition 5.2 above shall enable user friendly public access to the monitoring data and with features capable of:

(a) providing access to all environmental monitoring data collected since the commencement of works;

(b) searching by data;

(c) searching by types of monitoring data (air quality, water quality and noise); and

(d) hyperlinks to relevant monitoring data after searching;

or otherwise 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 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.

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.

Appendix A (as referred to in Condition 2.21)

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

(a) Surface Runoff

(i) Surface run-off from the construction site shall be directed into storm drains via adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.

(iii) Silt removal facilities, channels and manholes shall be suitably maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning properly at all times.

(iv) Earthworks final surfaces shall be well compacted and the subsequent permanent work or surface protection shall be carried out immediately after the final surfaces are formed to prevent erosion caused by rainstorms. Appropriate intercepting channels shall be provided along the site boundary or at the locations agreed with the IEC or ET Leader. Rainwater pumped out from trenches or foundation excavations shall be discharged into storm drains via silt removal facilities.

(v) Open stockpiles of construction materials (e.g. aggregates and sand) on site shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

(vi) Manholes (including any newly constructed ones) shall always be adequately covered and temporarily sealed so as to prevent silt, construction materials or debris from getting into the drainage system, and to prevent storm run-off from getting into foul sewers. Discharges of surface run-off into foul sewers shall always be prevented in order not to unduly overload the foul sewerage system.

(b) Groundwater

Groundwater pumped out of wells, etc. for the lowering of ground water level in foundation construction shall be discharged into storm drains after being passed through appropriate silt removal facilities.

(c) General Construction Activities

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials from station and depot construction works shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material can be minimised by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.