Environmental Permit No. EP-097/2001/B
環境許可證編號:EP-097/2001/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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-097/2001) to the Civil Engineering Department (hereinafter referred to as
the "Permit Holder") on 13 June 2001. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-097/2001/A) based
on the Application No. VEP-081/2002.
The amendments, described below, are incorporated into this
Environmental Permit (EP-097/2001/B).
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2001年6月13日將環境許可證(EP-097/2001)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-081/2002修訂環境許可證編號 EP-097/2001/A。 以下修訂已包含在本環境許可證內 (EP-097/2001/B)。 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 –
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Documents
in the Register |
(1)
Environmental
Impact Assessment – Construction of an International Theme Park in Penny’s
Bay of North Lantau and its Essential Associated Infrastructure -
Final EIA
Report -
Annex
(Volume 1) -
Annex
(Volume 2) -
Annex
(Volume 3) -
Executive
Summary (Register
No.: AEIAR-032/2000) [Hereinafter referred to as “the EIA Report”] (2)
The
Director’s letter of approval of the EIA Report dated 28 April 2000, (ref:
(53) in Annex (3) to EP2/N9/O/65 III). (3)
Environmental Impact
Assessment Final Report – Northshore Lantau Development Feasibility Study (Volume
1, Volume 2, Volume 3, Volume 4, Volume 5) and Executive Summary (Register
No.: AEIAR-031/2000) [Hereinafter referred to as “the NLDFS EIA Report”] (4)
The Director’s letter
of approval of the NLDFS EIA Report dated 28 April 2000, ref: EP2/G/S3108. (5)
Application
documents for environmental permit including all attachments submitted by the
Permit Holder on 16 May 2001 (Application No. AEP-097/2001). (6)
Environmental Permit
No. EP-097/2001 issued on 13 June 2001. (7)
Application documents
for Variation of an Environmental Permit including all attachments submitted
by the Permit Holder on 11 August 2001 (Application No.: VEP-051/2001). (8)
Application documents
for Variation of an Environmental Permit including all attachments submitted
by the Permit Holder on 19 December 2002 (Application No.: VEP-081/2002). |
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(1)
北大嶼山竹篙灣國際主題公園及有關主要基礎設施建造工程 - 環境影響評估 -
環境影響評估報告 -
附件 (第一冊) -
附件 (第二冊) -
附件 (第三冊) -
摘 要 (登記冊編號: AEIAR-032/2000) [下稱”環評報告”] (2)
環境保護署署長於二○○○年四月廿八日發出批准環評報告的信件 (檔案編號: (53) in
Annex (3) to EP2/N9/O/65 III) (3)
大嶼山北岸發展可行性研究 - 環境影響評估 最終報告 (第一冊, 第二冊, 第三冊, 第四冊, 第五冊)及摘要 (登記冊編號：AEIAR-031/2000)
[下稱“NLDFS 環評報告”] (4)
環境保護署署長於2000年4月28日發出批准NLDFS 環評報告的信件 (檔案編號: EP2/G/S3/108) (5)
許可證持有人於2001年5月16日提交的許可證申請文件包括所有附件(申請書編號 :
AEP-097/2001) (6)
於2001年6月13日簽發的環境許可證編號:
EP-097/2001 (7)
許可証持有人於2001年8月11日提交更改環境許可證的申請包括所有附件(申請書編號 : VEP-051/2001) (8)
許可証持有人於2002年12月19日提交更改環境許可證的申請包括所有附件(申請書編號 : VEP-081/2002) |
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Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments
Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP – 051/2001 |
11 August 2001 2001年8月11日 |
Vary Condition 2.12 in Part C of EP-097/2001. 更改環境許可證編號EP-097/2001,
C部條件第2.12 項 |
23 August 2001 2001年8月23日 |
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VEP-081/2002 |
19 December 2002 2002年12月19日 |
Vary Condition 2.18 in Part C of EP-097/2001/A. 更改環境許可證編號EP-097/2001/A,
C部條件第2.18 項 |
13 January 2003 2003年1月13日 |
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13 January 2003 2003年1月13日 |
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Date 日期 |
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(Elvis W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for the Director
of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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:
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Title
of Designated Projects 指定工程項目的名稱 |
1.
Eastern Stormwater
Drainage Channel at Penny’s Bay 2.
Water Recreation
Centre at Penny’s Bay (Part) 3.
Yam O Reclamation 4.
Chok Ko Wan Link Road
(Part) 5.
Road P2 – Yam O to
Penny’s Bay (Part) [The above designated projects
are hereinafter referred to as “the Project”] 1.
竹篙灣東部排水渠 2.
竹篙灣水上康樂中心 (部分) 3.
陰澳填海工程 4.
竹篙灣連接路 (部分) 5.
P2公路 – 陰澳至竹篙灣 (部分) [上列指定工程項目下稱“工程項目”] |
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Nature of Designated Projects |
1.
Construction and
operation of a drainage channel which discharges into an area which is less
than 300 metres from the nearest boundary of the existing Pa Tau Kwu
Archaeological Site. 2.
Construction and
operation of a flood storage pond of approximately 12 ha. in size. 3.
Reclamation works
(including associated dredging works) of approximately 10 ha. in size. 4.
Construction of the
site formation of about 0.6km of a road which is an expressway. 5.
Construction and
operation of about 2.7 km of a primary distributor 1.
建造及營辦一條排水道，而該排水道所排水的地區，距離現有的扒頭鼓文化遺產地點少於300米。 2.
建造及營辦一個面積約為12公頃的蓄水池。 3.
進行面積約為10公頃的填海工程(包括相聯的挖泥工程)。 4.
為一條約0.6千米長的快速公路進行地盤平整建造工程。 5.
建造及營辦一條約2.7千米長的主要幹路。 |
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Location
of Designated Projects 指定工程項目的地點 |
Yam O
and Penny’s Bay, Lantau. The location of the Project is shown in Figure 1
attached to this Permit. 大嶼山陰澳及竹篙灣。工程項目的地點如本環境許可證的圖1所示。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction
and operation of: 1.
a
drainage structure, Eastern Stormwater Drainage Channel, comprising two or
three cell box culvert (each cell approximately 3.8m wide and 3.5m height)
arrangement with a length of about 1.7km; 2.
the
southwest portion of an approximately 32 ha. water recreation centre with a
12 ha. multi-function artificial lake, water-based and land-based
recreational facilities and ancillary facilities; and 3.
2.7
km of Road P2 which is a primary distributor from Yam O to Penny’s Bay
outside the Cheoy Lee Shipyard. Construction
of: 1.
Reclamation
of about 10 ha of land at Yam O, North Lantau, and the construction of about
1.0 km of seawall; and 2.
site
formation works for about 0.6 km of dual-3 lane carriageway of the Penny’s
Bay Section of Chok Ko Wan Link Road outside the Cheoy Lee Shipyard. [Note: This
Permit does not cover the Penny’s Bay Reclamation project. The reclamation works
at Penny’s Bay are covered in another Environmental Permit No.: EP-054/2000/C.] |
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建造及營辦： 1.
一條約1.7千米長由2至3個地下槽箱組成的暗渠(每個槽箱約3.8米闊及3.5米高) -- 竹篙灣東部排水渠； 2.
面積約32公頃的水上康樂中心的西南部分，當中包括一個面積約12公頃的多用途人工湖、水上和陸上康樂設施和附屬設施；及 3.
2.7千米長的P2公路，該路是一條主要幹路，由陰澳至竹篙灣，位於財利船廠外面。 建造： 1.
面積約為10公頃的填海工程，包括約1.0 千米長的海堤，該填海工程位於北大嶼山陰澳;及 2.
一條約0.6千米長的雙程三線分隔車道的地盤平整工程，該車道屬位於財利船廠外面的竹篙灣連接路的竹篙灣段。 [註：本環境許可證並不包括竹篙灣填海工程項目。位於竹篙灣的填海工程已包括在另一份編號: EP-054/2000/C的環境許可證之內。] |
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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 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 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
and should mean the same hereinafter.
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 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 (if applicable) 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) and the NLDFS EIA Report (Register No.: AEIAR-031/2000); 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 Conditions 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 no later than 4 weeks prior to
the commencement of construction 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.
Submissions or
Measures for the Construction of the Project
2.1
An Independent Environmental Checker (IEC) shall be employed no
later than two months before 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 no later than two
months before the commencement of construction of the Project. The ET shall be
supervised by the ET Leader who has 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 one month before the commencement of construction of
the Project, the Permit Holder shall submit for the Director’s approval an
Environmental Monitoring and Audit (EM&A) Manual for the construction of
the Project. Before submission 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. All measures
recommended in the approved EM&A Manual shall be fully and properly implemented
in accordance with the requirements and time schedule(s) set out in the
EM&A Manual. The EM&A Manual approved under this condition shall
hereinafter be referred to as “the EM&A Manual”.
2.4
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 or the EM&A Manual approved under
Condition 2.3 of this Permit unless otherwise agreed with the Director. The ENPO shall be formed before the
commencement of construction of the Project 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.
2.5
Three sets of Waste Management Plan for the construction stage of
the Project shall be submitted to the Director for approval within 4 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. All
measures in the Plan shall be fully and properly implemented throughout the
construction period.
2.6
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, Fimbristylis complanata
and Schoenus falcatus at the western coastline of Penny’s Bay, near Cheoy
Lee Shipyard and Chok Ko Wan Tsui, 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.
2.7
Three sets of Landscape Plan for the Chok Ko Wan Link Road and the
Road P2 shall be deposited to the Director within 6 months after the
commencement of construction of the Project. Prior to the submission, the
Landscape Plan shall be certified by the ET leader and verified by the IEC as
conforming to the information and recommendations on landscape and visual
mitigation measures contained in the EIA Report, particularly for the cut
slopes and the viaducts. To
minimise landscape and visual impacts, the road slope design considerations of
Chok Ko Wan Link Road and Road P2 shall include but not limited to: (i) use of
wire mesh rather than shotcrete to allow exposed rockface; (ii) bench and lift
design with associated planting; and (iii) coloured shotcrete where there is no
alternative to its use. Roadside planting shall take into account of screening
effects and creating biodiversity and visual interest. All measures in the Landscape Plan
shall be fully and properly implemented in the construction period.
2.8
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.
2.9
As set out in Section 6.5.20 of the EIA Report, no less than 1.2
million m3 of public fill shall be used in the Yam O Reclamation.
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 1.2 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 reports as described under Condition 4.6
of this Permit.
Measures to Mitigate Water Quality Impacts during
Construction
2.10
As set out in Section 6.5.7 of the EIA Report, dredging of marine
sediment in the Yam O Reclamation shall be limited to the seawall area and the
amount of marine sediment to be dredged shall not be greater than 0.3 million m3,
unless otherwise agreed with the Director. The actual amount of marine sediment
dredged for the Project shall be recorded daily and reported in the monthly
EM&A reports as described under Condition 4.6 of this Permit.
2.11
The reclamation sequence of the Yam O Reclamation shall be
scheduled to avoid formation of embayed water bodies and prevent water
pollution problems. Three sets of seawall construction and reclamation schedule
shall be deposited with the Director at least two weeks before the commencement
of construction of the Yam O Reclamation. The 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
For the dredging works associated with
Yam O Reclamation:
(a)
no more than two grab dredgers shall
be used and no more than 8,200 m3 of marine sediment shall be
dredged per day;
(b)
all dredging works as described in (a)
of this Condition shall be fully enclosed by a frame type silt curtain capable
of reducing sediment loss to outside by at least 80% as proposed in the
application documents submitted on 11 August 2001 (Application No.
VEP-051/2001);
(c)
a
pilot test shall be carried out to produce the necessary information to
demonstrate that the frame type silt curtain is capable of reducing sediment
loss to outside by at least 80%;
(d)
prior
to the pilot test, the details of it shall be submitted to the Director for
agreement; and
(e)
no dredging works as described in (a) of
this Condition shall commence until a report on the pilot test demonstrating
the capability of the silt curtain to reduce sediment loss by at least 80% is
approved by the Director.
2.13
Sand filling of the Yam O Reclamation shall be carried out by
bottom dumping from split barges and the maximum filling rate shall not be more
than 14,000 m3 per day.
2.14
To ensure that any fine sediment lost shall not be dispersed
outside the works area, all filling activities of the Yam O Reclamation shall
be carried out behind seawalls which shall have been constructed to above high
water level and at least 100 m in advance of the filling point. In the event
that the 100 meters lead of seawall construction is not practicable, other
suitable barriers shall be implemented to provide an effective lead of 100
meters upon prior written approval by the Director.
2.15
The following general working methods shall be implemented during
dredging and filling works of the Yam O Reclamation to minimise the loss of
fine sediment to suspension:
(a)
tightly closing grabs shall be used to restrict the loss of fine
sediment to suspension; and
(b)
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.
2.16
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 Yam O. The
details of the monitoring shall be included in the EM&A Manual submitted
under Condition 2.3 of this Permit.
2.17
Additional water quality monitoring stations 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.
2.18
To protect the water quality in the Western Drainage Channel as
shown in Figure 2 attached to this Permit, all surface run-off from the road
projects at Penny’s Bay shall not be discharged into the Western Drainage Channel.
The design of the stormwater drainage system shall be deposited with the
Director within 6 months after the commencement of construction of the
Project. Before submission to the
Director, 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.
2.19
The stormwater drainage system shall be constructed in accordance
with the design drawings deposited with the Director under Condition 2.18 of
this Permit.
2.20
To prevent spilled oil, fuel and chemicals from reaching the
receiving waters, all fuel tanks and chemical storage areas within the Project
shall be sheltered from rain water and surrounded by bunds with a minimum
capacity of 110% of the storage capacity of the largest tank. All fuel and
chemical storage areas shall be provided with locks and be sited on sealed
areas. Guidelines and procedures shall be prepared and implemented for
immediate clean-up actions following any spillage of oil, fuel or chemicals,
and shall be certified by the IEC and deposited with the Director within 2
months after the commencement of construction.
2.21
To mitigate environmental impacts due to site runoff and other
potential water pollution caused by construction activities, mitigation
measures described in Appendix A shall be implemented throughout the construction
period.
Measures to Mitigate Terrestrial Ecological Impacts during
Construction
2.22
Natural coastline along the western side of the Western Drainage
Channel as shown in Figure 2 attached to this Permit shall be protected and
preserved at all time during construction. No discharge of surface run-off or
any effluent or disposal of any construction materials shall be allowed into
the Western Drainage Channel. No construction activity shall be carried out in
the immediate vicinity of the coastline along the western side of the Western
Drainage Channel.
2.23
To prevent access of workers to the nesting site of the
White-bellied Sea Eagles, public land access from the Project works areas to Pa
Tau Kwu shall be fenced off within 4 weeks after the commencement of construction.
2.24
To avoid disturbance to the White-bellied Sea Eagles at Pa Tau
Kwu, no construction activity, including transportation of equipment, shall be
allowed at Pa Tau Kwu headland as shown in Figure 2 attached to this Permit.
2.25
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.
2.26
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.
2.27
Three sets of detailed design and method statement for the
re-creation of stream courses which will be affected by the site formation
works of the Chok Ko Wan Link Road shall be deposited with the Director at
least 4 weeks prior to the commencement of the site formation works. The re-created stream courses shall
have natural substrate so as to provide suitable habitats for the colonisation
of stream invertebrates. The selected substratum shall resemble the existing
stream conditions.
Measures to Mitigate Marine Ecological
Impacts
2.28
The seawall of the Yam O Reclamation 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.
2.29
The speed of any 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 3 attached to this Permit.
2.30
No underwater blasting shall be allowed.
2.31
No underwater percussive piling shall be allowed in the area as
shown in Figure 4. For other areas
of the Project, if any underwater percussive piling is required, 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
2.32
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 5 attached to
this Permit. To avoid potential
impacts to two identified gave sites near Chok Ko Wan Tsui as shown in Figure
11.6a of the EIA Report, no construction work and no access by the construction
workers shall be allowed to within 5m from the grave sites.
2.33
At the Wan Tuk Archaeological Site (as shown in Figure 6 attached
to this Permit), the following mitigation measures shall be implemented:
(a)
to protect the Wan Tuk Archaeological Site, the archaeological
site area shall be covered with fill materials. Three sets of detailed design
and method statement for the filling work on the Wan Tuk Archaeological Site
shall be deposited with the Director at least 4 weeks prior to the commencement
of the filling works at the Site;
(b)
plastic sheets shall be used to cover the Wan Tuk Archeological
Site area before filling works commence; and
(c)
to prevent waterlogged conditions, no site runoff shall be allowed
to discharge into the Wan Tuk archeological site area.
Other Mitigation Measures during
Construction
2.34
No works except for investigation works necessary for the
completion of the decommissioning EIA study for the Cheoy Lee Shipyard at
Penny’s Bay shall be carried out within the shipyard, unless prior written
approval from the Director is obtained.
2.35
To reduce the quantity of construction and demolition wastes, wood
hoarding shall not be used.
2.36
Hydroseeding to the Yam O Reclamation shall be undertaken if the
lapse time between the completion of the reclamation and subsequent development
is one year or more.
2.37
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
No later than one month before the operation of the Water
Recreation Centre at Penny’s Bay, the Permit Holder shall submit for the
Director’s approval three hard copies and one soft copy of an Operational
Environmental Monitoring and Audit (EM&A) Plan for the operation of the
Water Recreation Centre. Before the submission to the Director, the EM&A
Plan shall be certified by the IEC as conforming to the information and
recommendations contained in the EIA Report.
3.2
The Operational EM&A Plan as required under Condition 3.1 of
this Permit shall include without limitation:
(a)
details of the impermeable liner used for the Artificial Lake of
the Water Recreation Centre at Penny’s Bay, including the lifespan of the liner
and a schedule for the replacement of the liner;
(b)
clean-up plan for any accidental spills of fuel, petroleum or
other pollutants into the Artificial Lake; and
(c)
water quality monitoring programme for the Artificial Lake.
3.3
The Operational Environmental Monitoring and Audit Plan approved
under Condition 3.1 of this Permit shall hereinafter be referred to as “the
EM&A Plan”. All measures recommended in the EM&A Plan shall be fully
and properly implemented in accordance with the requirements and time
schedule(s) set out in the EM&A Plan.
3.4
Three sets of Waste Management Plan for the operational phase of
the Water Recreation Centre shall be certified by the IEC as conforming to the
EIA Report and submitted to the Director for approval at least 3 months before
the operation of the Project. The plan shall include details of how the
mitigation measures of operational waste management in Section 6.7 and Section
16 of the EIA Report will be implemented together with the arrangements for
avoidance, minimisation, material recovery/recycling, collection,
transportation and disposal of various types of waste generated during the
operation of the Project as recommended in Section 6.7 and Section 16 of the
EIA Report. The Waste Management
Plan shall be reviewed and updated as necessary, on an annual basis.
Measures to Mitigate Water Quality during Operation
3.5
To prevent siltation in the Artificial Lake, stormwater run-off
from surrounding hillsides shall pass through silt traps prior to entering the
Artificial Lake.
3.6
Stormwater from any urban/developed areas shall not be allowed to
enter the Artificial Lake.
3.7
To avoid impairing the water quality of in the Artificial Lake,
monitoring of the quality of water from Tai Lam Reservoir shall be carried out
prior to discharging water from the reservoir into the Artificial Lake. In the
event that the monitored results showed that the water quality standards as stated
in Table 5.9h of the EIA Report cannot be met, an alternate supply of water, of
a quality that complies with the standards as stated in Table 5.9h of the EIA
Report, shall be used.
3.8
Any algicide used in the Water Recreation Centre shall be
biodegradable and with half-life of three days or less. A log book shall be
kept to record the application of any algicide including the date and time,
location of application, quantities applied, type of algicide used and weather
conditions. The logbook shall always be readily available for inspection
throughout the operation stage.
3.9
Discharge of water from the Artificial Lake into marine waters
shall be prohibited within one week after application of any algicide.
3.10
To prevent accidental spills entering into the Artificial Lake,
any fuel for motorised water sports vessels shall be stored in bunded areas of
at least 110% of the capacity of the largest fuel storage container. Servicing
of any water sports vessels shall be undertaken at suitable facilities at least
15m away from the Artificial Lake.
4.
Environmental
Monitoring and Audit (EM&A) for the Construction of the Project
4.1
The EM&A programme during construction shall be implemented as
set out in the EM&A Manual approved under Condition 2.3 of this Permit. Any
changes to the EM&A programme shall be justified by the IEC or ET Leader 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 of the EM&A Manual by:
(a) conducting baseline
monitoring as set out in the EM&A Manual; and
(b) conducting
impact monitoring as set out in the EM&A Manual.
4.3
The remedial 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(s) set out in the Event and Action Plans, or as agreed with the
Director.
4.4
Records of measurements and remedial actions taken under
Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept, within
3 working days of the collection of data or completion of remedial action, for
the purpose of preparing and submitting the EM&A Reports and making the
information available for inspection on site or as requested by the Director.
4.5
Four hard copies and one soft copy of the Baseline Monitoring
Report shall be submitted to the Director within one 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.
4.6
Four hard copies and one soft copy of monthly EM&A Report
shall be submitted to the Director within 2 weeks from the end of each reporting
month. The submission 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.
4.7
All environmental monitoring and audit data submitted under this
Permit shall be true, valid and correct.
4.8
The Permit Holder shall relay all environmental complaints
regarding construction works to the Environmental Team and/or the ENPO in
accordance with the EM&A Manual.
5.
Environmental
Monitoring and Audit (EM&A) for the Operation of the Water Recreation
Centre
5.1
The EM&A programme during operation of the Water Recreation
Centre shall be implemented as set out in the EM&A Plan approved under
Condition 3.1 of this Permit. Any changes to the EM&A programme shall be
justified by the IEC or ET Leader as conforming to the requirements set out in
the EM&A Plan, and shall be approved by the Director.
5.2
The EM&A Plan as required under Condition 5.1 of this Permit
shall contain monitoring locations, monitoring schedules, methodology, and
qualification of monitoring team members.
5.3
Four hard copies and one soft copy of the monitoring reports shall
be deposited with the Director within two weeks after the completion of each
monitoring. The reports shall be
certified by the IEC before deposit with the Director. If there are repeated non-compliances
with the agreed water quality standards for the Water Recreation Centre
recorded in the monitoring, the monitoring programme shall be continued after
the first year operation as directed by the Director.
5.4
All environmental monitoring data and reports submitted under this
Permit shall be true, valid and correct.
6.
Electronic
Reporting of EM&A Information
6.1
To enable the public inspection of the Baseline Monitoring Report
and 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 4.5 and 4.6 of this Permit. 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.
6.2
All environmental monitoring data as described in Condition 6.1
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. The Permit
Holder shall notify the Director in writing within 8 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.
6.3
The internet website as described in Condition 6.2 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 Environmental 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. If there is a breach of any condition of this Permit, the Director or his authorised officer may, with the consent of the Secretary for the Environment, Transport and Works (the Secretary), 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 Environmental Impact Assessment Ordinance (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 work site, by the amended Permit.
4. A person who assumes responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, 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, suspend, vary or cancel this Permit. The suspended, varied or cancelled shall be removed from the display at the work site.
6. If this Permit is cancelled or surrendered during the implementation 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 carry out a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who carry out 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 of indictment to a fine of $2 million and imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $5 million and imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and 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 that the offence continued.
8. 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.
9.
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.
Appendix A (as
referred to in Condition 2.21)
(i)
Surface run-off from the construction site shall be directed into
adequately designed sand/silt removal facilities such as sand traps, silt traps
and sediment basins before discharge into storm drains. 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.
Groundwater
pumped out of wells, etc. for the lowering of ground water level in foundation
construction shall pass through appropriate silt removal facilities before discharge
into storm drains.
(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 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.
Figure 1 |
Figure 2 |
Figure 3 |
Figure 4 |
Figure 5 |
Figure 6