Environmental
Permit No. EP-054/2000/D
環境許可證編號 EP-054/2000/D
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
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/C) based
on the Application No. VEP-086/2003.
The amendments, described below, are incorporated into this
Environmental Permit (EP-054/2000/D).
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-086/2003修訂環境許可證編號 EP-054/2000/C。 以下修訂已包含在本環境許可證內 (EP-054/2000/D)。 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 –
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)
Application
documents for environmental permit including all attachments submitted by the
Permit Holder on 1 March 2000 (Application No. AEP-054/2000). (4)
Environmental Permit
No. EP-054/2000 issued on 28 April 2000. (5)
Environmental Permit
No. EP-059/2000 issued on 6 May 2000. (6)
Application documents
for Variation of an Environmental Permit including all attachments submitted
by the Permit Holder on 6 July 2000 (Application No. VEP-018/2000). (7)
Environmental Permit
No. VEP-018/2000/A/EP-054 issued on 8 July 2000. (8)
Application documents
for Variation of an Environmental Permit including all attachments submitted
by the Permit Holder on 3 August 2001 (Application No. VEP-048/2001). (9)
Application documents
for Variation of an Environmental Permit including all attachments submitted
by the Permit Holder on 28 August 2001 (Application No. VEP-054/2001). (10) Application documents for Variation of an
Environmental Permit including all attachments submitted by the Permit Holder
on 27 February 2003 (Application No. VEP-086/2003). |
|
登記冊上的文件 |
(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)
許可證持有人於2000年3月1日提交的許可證申請文件包括所有附件(申請書編號 :
AEP-054/2000) (4) 於2000年4月28日簽發的環境許可證編號:
EP-054/2000 (5)
於2000年5月6日簽發的環境許可證編號:
EP-059/2000 (6)
許可証持有人於2000年7月6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-018/2000) (7)
於2000年7月8日簽發的環境許可證編號:VEP-018/2000/A/EP-054 (8)
許可証持有人於2001年8月3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-048/2001) (9)
許可証持有人於2001年8月28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-054/2001) (10)
許可証持有人於2003年2月27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-086/2003) |
|
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 – 018/2000 |
6 July 2000 2000年7月6日 |
- Renumber Section 4 (conditions
4.1 to 4.3) of Part C of the Environmental Permit No. EP-054/2000 to Section
5 (conditions 5.1 to 5.3) of Part C of the Environmental Permit No.
VEP-018/2000/A/EP-054. - Renumber Section 3
(conditions 3.1 to 3.6) of Part C of the Environmental Permit No. EP-054/2000
to Section 4 (conditions 4.1 to 4.6) of Part C of the Environmental Permit
No. VEP-018/2000/A/EP-054. - Add Section 3 (condition 3.1)
in Part C of the Environmental Permit No. VEP-018/ 2000/A/EP-054 -把環境許可證編號EP-054/2000,
C部的第4節(第4.1至4.3項條件)重新編號為環境許可證編號
VEP-018/2000/A/EP-054, C部的第5節(第5.1至5.3項條件) - 把環境許可證編號EP-054/2000,
C部的第3節(第3.1至3.6項條件)重新編號為環境許可證編號
VEP-018/2000/A/EP-054, C部的第4節(第4.1至4.6項條件) - 在環境許可證編號 VEP-018/2000/A/EP- 054的C部加入第3節(第3.1項條件) |
8 July 2000 2000年7月8日 |
|
VEP – 048/2001 |
3 August 2001 2001年8月3日 |
Vary Condition 2.14 in Part C of VEP-018/2000/A/EP-054. 更改環境許可證編號VEP-018/2000/A/EP-
054 , C部條件第2.14 項 |
11 August 2001 2001年8月11日 |
|
VEP-054/2001 |
28 August 2001 2001年8月28日 |
Vary Conditions 2.38 and 3.1 in Part C of EP-054/2000/B. 更改環境許可證編號EP-054/2000/B,
C部條件第2.38項及第3.1項 |
19 September 2001 2001年9月19日 |
|
VEP-086/2003 |
27 February 2003 2003年2月27日 |
Vary Condition 2.36(b) in Part C of EP-054/2000/C. 更改環境許可證編號EP-054/2000/C,
C部條件第2.36(b)項 |
6 March 2003 2003年3月6日 |
|
6 March 2003 2003年3月6日 |
|
|
|
Date 日期 |
|
(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)
Hereunder
is the description of the designated project mentioned in Part
A of this environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱 “許可證”)A部所提述的指定工程項目的說明:
|
Title
of Designated Project 指定工程項目的名稱 |
Penny’s Bay Reclamation [This designated project is hereinafter
referred to as “the Project”] 竹篙灣填海工程 [本指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
Reclamation works (including associated
dredging works) of approximately 280 ha. in size. 建造及營辦面積約為280公頃的填海工程(包括相聯挖泥工程)。 |
|
Location of Designated
Project 指定工程項目的地點 |
Penny’s Bay, Lantau. The location of the project is
shown on Figure 1 attached to this
Permit 大嶼山竹篙灣。工程項目的地點載於本環境許可證的圖1 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Reclamation
of about 280 ha. of land at Penny’s Bay as shown on Figure 1 attached to this Permit, construction of about 3.3 km of
seawall, two ferry piers and construction of about 1.5 km long open drainage
channel. 在竹篙灣進行面積約280公頃的填海、築建約3.3千米長的海堤、兩個渡輪碼頭及約1.5千米長的排水渠。 |
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 pile body being
driven, 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 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 construction 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 construction 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 construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
7. 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 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 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.
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.
Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6