Environmental Permit No. EP-113/2001/B

環境許可證編號 EP-113/2001/B

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 13

環境影響評估條例

(第499章)

第10條及第13條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) granted the Environmental Permit EP-113/2001 to the MTR Corporation Limited (hereafter referred to as the “Permit Holder”) on 12 December 2001. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit EP-113/2001A based on the Application No. VEP-097/2003. The amendments described below are incorporated into this Environmental Permit (EP-113/2001/B). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions described in and/or attached to Part C of this Permit.

根據環境影響評估條例第10條的規定﹐環境保護署署長 (「署長」) 於2001年12月12日將環境許可證編號 EP-113/2001批予地鐵有限公司(下稱許可證持有人) 。根據條例第13條的規定，署長因應申請書編號 VEP-097/2003修訂環境許可證編號 EP-113/2001A。下文說明的修訂，已包含在本環境許可證內 (EP-113/2001/B)。本經修訂的環境許可證，適用於建造及營辦B部所說明的指定工程項目﹐但須遵守C部所說明或附載的條件。

Application No.

申請書編號:

VEP-097/2003

Document in the Register:

登記冊上的文件:

1. Modifications to MTRC Tsim Sha Tsui Station (Register No. AEIAR-043/2001), [Hereinafter referred to as the “EIA Report”].

2. The Director’s letter of approval of the EIA Report dated 12 September 2001, ref.: (21) in EP2/K1/A/08 II.

3. Application documents including all attachments submitted by the Permit Holder on 13 November 2001 (Application No. AEP-113/2001).

4. Environmental Permit No.: EP-113/2001 issued on 12 December 2001.

5. Application documents for Variation of Environmental Permit including attachments submitted by the Permit Holder on 6 September 2002 (Application No. VEP-072/2002).

6. Environmental Permit No.: EP-113/2001/A issued on 4 October 2002.

7. Application documents for Variation of Environmental Permit including attachments submitted by the Permit Holder on 9 May 2003 (Application No. VEP-097/2003).

Document in the Register:

登記冊上的文件:

1. 地鐵有限公司尖沙咀站改建工程(登記冊編號 : AEIAR-043/2001)，[下稱「環評報告」]。

2. 署長已於2001年9月12日發出該環評報告的批准信，檔案編號: (21) in EP2/K1/A/08 II。

3. 許可證持有人於2001年11月13日提交申請文件包括所有附件(申請書編號AEP-113/2001)。

4. 於2001年12月12日簽發的環境許可證編號：EP-113/2001。

5. 許可証持有人於2002年9月6日提交更改環境許可證的申請編號VEP-072/2002和附件。

6. 於2002年10月4日簽發的環境許可證編號：EP-113/2001/A。

7. 許可証持有人於2003年5月9日提交更改環境許可證的申請編號VEP-097/2003和附件。

List of Amendment Incorporated into Environmental Permit

Application No.

申請書編號:

Date of Application

申請日期:

Conditions or matters for which approval of variation is sought

申請修訂的條款或事項

Date of Amendment

更改日期

VEP-072/2002

6 September 2002

2002年9月6日

l Vary condition 2.6 in Part C of Environmental Permit No.: EP-113/2001.

l 更改環境許可證編號EP-113/2001, C部的第2.6項條件。

4 October 2002

2002年10月4日

VEP-097/2003

9 May 2003

2003年5月9日

l Vary condition 2.5 in Part C of Environmental Permit No.: EP-113/2001/A.

l 更改環境許可證編號EP-113/2001/A, C部的第2.5項條件。

5 June 2003

2003年6月5日

5 June 2003

Date

日期

(Elvis W. K. AU)

Assistant Director (Environmental Assessment and Noise)

for 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:

Title of Designated Project

指定工程項目的名稱

Modifications to MTRC Tsim Sha Tsui Station

[This designated project is hereinafter referred to as “the Project”]

地鐵有限公司尖沙咀站改建工程﹕

[本指定工程項目下稱「工程項目」]

Nature of Designated Project
指定工程項目的性質

Construction and operation of an approximately 80m concourse extension and an associated 30m long subway link along Nathan Road.

興建和運作約80米長的車站擴建及約30米長的行人隧道。

Location of Designated Project

指定工程項目的地點

Tsim Sha Tsui. The location of the project is shown in Figure 1 attached to this Permit. (Same as Figure A in the EIA Executive Summary).

尖沙咀。圖1顯示工程的位置。(與環評報告行政摘要圖表A相同)。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

Construction and operation of an approximately 80m concourse extension and an associated 30m long subway link along Nathan Road for connection to the KCRC Middle Road subway to the new KCRC East Tsim Sha Tsui Station.

興建和運作約80米長的車站擴建及約30米長的行人隧道，用作連接九廣鐵路公司的中間道行人隧道及尖沙咀東站。

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and may become the subject of appropriate action to be 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 to the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358) and Waste Disposal Ordinance (Cap.354). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to the site(s) of construction and/or operation 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 information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions 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-043/2001); 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 submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director's comments or otherwise as 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 Environmental Impact Assessment Ordinance. All submissions or any variation of the submissions shall be verified and certified by the Independent Environmental Checker (IEC) referred to in Condition 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 month before 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. Special Conditions

2.1 An Environmental Team (ET) shall be established at least one month before the commencement of construction, and the ET shall not be in any way an associated body of the Contractor. The ET shall be supervised by an 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 approved EIA Report and the EM&A Manual to be submitted under Condition 3.1.

2.2 At least one month before the commencement of construction of the Project, the Permit Holder shall employ an Independent Environmental Checker (IEC), or the Environmental Manager of the MTR Corporation shall serve as the IEC. 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 stipulated in the EM&A Manual to be submitted under Condition 3.1, including the implementation of all environmental mitigation measures, submissions relating to EM&A, and 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.

2.3 All submissions for approval and deposition under Sections 2 and 3 of this Permit shall be verified and certified by the IEC as conforming to the information and recommendation contained in the EIA Report before submission to the Director.

2.4 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.

Station Extension, Subway Alignment & Construction Site Extension Area

2.5 The Permit Holder shall construct the station extension and subway alignment within the original project site boundary as delineated in the EIA Report. The project site boundary is shown in Figure 1 of this Permit, and the Permit Holder shall implement all the measures listed out in the conditions 2.6 to 2.11 to mitigate the construction noise and construction waste impacts produced within the project site boundary. No new vent shaft shall be constructed in this project. The Permit Holder shall use the new construction site extension area as shown in Figure 1 of this Permit for temporary road traffic diversion or construction works only, and shall:

(a) not construct and operate any permanent works including the station extension and subway alignment within the construction site extension area;

(b) not implement any additional piling works within the construction site extension area;

(d) maintain a minimum 2.7m width pedestrian access along Nathan Road outside the Oterprise Square; and

(e) demolish all the temporary steel beams and plates within 2m below ground level prior to the operation of the station extension and subway alignment. At least two weeks before the commencement of the demolition works, the Permit Holder shall deposit with the Director 3 sets of construction & demolition noise mitigation plan to demonstrate that with the full implementation of the proposed noise mitigation measures in the plan, the cumulative noise levels at Chungking Mansions due to the construction works within the project site boundary and the demolition works within the construction site extension area shall not exceed 74dB(A) as recommended in Table 3-6 of the EIA Report.

Measures to Mitigate Construction Noise Impacts

2.6 The Permit Holder shall:

(a) erect temporary noise barriers with height no less than 2.4m according to Figure 2(a) of this Permit before any construction works commence, and shallmaintain the barriers throughout the site establishment phase, traffic deck piling phase and road demolition phase of the Project. The locations of the temporary noise barriers shall be adjusted wherever and whenever necessary taking into account the locations and types of powered mechanical equipment involved and the noise sensitive receivers intended to be protected, the barriers shall have no openings or gaps, and shall have a superficial surface density of at least 10kg/m²;

(b) provide temporary and localized noise enclosures as shown in Figure 2(b) and Figure 2(c) of this Permit for the smaller and static equipment such as hand-held breaker, air compressor and electric water pump before any construction works commence, and shall maintain the enclosures throughout the site establishment phase, traffic deck piling phase and road demolition phase of the Project. The locations of the temporary noise enclosures shall be adjusted wherever and whenever necessary taking into account the locations of the noisy work and the noise sensitive receivers intended to be protected, the enclosures shall have no openings or gaps;

(c) ensure the mobile crane and mini excavator for the construction works are each equipped with a noise barrier as shown in Figure 2(d) and Figure 2(e). Each noise barrier shall be erected on the side facing the noise sensitive receivers intended to be protected and shall be of sufficient height to shield the noisy engine of each equipment. The barriers shall have no openings or gaps, and shall have a superficial surface density of at least 10kg/m².

(d) use quiet plant (i.e. the Giken silent piler system) for the sheet piling work. In the event that any noise exceedance is recorded at the Chungking Mansions, additional noise mitigation measures including, but not limited to, the noise insulating material as discussed in condition 2.6 (e) below for the hydraulic drilling rigs, shall be applied to the Giken silent piler system;

(e) use quiet plant (i.e. the HD 205P hydraulic drill rig) for the installation of pipe piles., Shroud the piling system and drilling rig with a noise insulating material made of sound insulating material “KYOWA #1000” (as shown in Figure 2(f) of this Permit) when they are being used for drilling or augering. The noise insulating material shall have no openings or gaps. Gaps between the noise insulating material and the temporary noise barriers (referred to in condition 26(a)) shall be minimized to achieve the construction noise performance of 74 dB(A) as measured at the Chungking Mansions;

(f) carry out daily inspection of the noise control measures in place (including the noise insulating material) as required in condition 2.6 (a) to 2.6 (e) to ensure their correct installation and proper maintenance; and keep a log-book of each inspection and event which may affect the performance of the noise control measures. The log-book shall be kept at the site office for inspection by the ET, IEC and the Director;

(g) show the designs, locations and durations of use of the temporary noise barriers, enclosures and the quiet plant in the construction noise mitigation plans (CNMPs) as required in condition 2.9 and keep a log-book of any changes of location and design of temporary noise barriers, enclosures and quiet plant. The log-book shall be kept at the site office for inspection by the ET, IEC and the Director;

(h) prepare, with reference to conditions 2.6(a) to (g) and as part of the EM&A manual required under condition 3.1, a contingency plan to outline the follow up actions and the additional noise control measures to be implemented in the event the construction noise level at the Chungking Mansions exceeds 74 dB(A). The actions or recommendations arising from implementation of the contingency plan shall also be audited and reported in the next monthly EM&A report;

(i) provide additional noise mitigation measures including, but not limited to, additional layers of insulating material in the event that some of the noise impact mitigation measures required under conditions 2.6(a) to (h) are not effective and the construction noise level at the Chungking Mansions exceeds 74dB(A).

2.7 The Permit Holder shall erect temporary noise enclosures according to Figure 3 of this Permit before any underground excavation works commence, and shall maintain the enclosures till the completion of the underground excavation works.

2.8 The Permit Holder shall provide temporary road decks according to Figure 3 of this Permit throughout the entire underground excavation period.

2.9 At least two weeks before the commencement of construction of the project, the Permit Holder shall deposit with the Director 3 sets of construction noise mitigation plans (CNMPs) showing the location and duration of the temporary noise barriers, noise enclosures and road decks to be provided on site according to the above Conditions 2.6, 2.7 and 2.8. The Permit Holder shall ensure that with the full implementation of these measures in accordance with the deposited CNMPs, the construction noise level at Chungking Mansions shall not exceed 74dB(A) as assessed and presented in Table 3-6 of the EIA Report.

Measures to Mitigate Construction Waste Impacts

2.10 To prevent potential dust impacts to sensitive receivers, the Permit Holder shall not store excavated material onsite throughout the duration of this project. The excavated material generated onsite shall be immediately delivered to a truck parked within the noise enclosure at the opening near the middle strip of Nathan Road, and delivered to a specific disposal site on the same day.

2.11 Within 6 weeks after the commencement of construction of the Project, the Permit Holder shall deposit with the Director 3 sets of construction waste disposal scheme showing the location of the disposal site(s), and the transportation routing(s) of the removal of excavated material from the construction site to the disposal site(s).

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

3.1 At least 2 weeks before the commencement of construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project. Apart from the EM&A programme which has formed part of the approved EIA report, the EM&A Manual shall also recommend:

(a) an additional air monitoring station, to be established at the Chungking Mansions on the side fronting Nathan Road, to monitor the air pollution impact during the construction stage of the Project; and

(b) the remedial measures as mentioned in Condition 3.2 below.

3.2 The Permit Holder shall take samples and measurements in accordance with the requirements of the EM&A Manual by:

(a) conducting baseline noise and air quality monitoring as set out in the EM&A Manual;

(b) conducting impact monitoring on noise, air quality and construction waste as set out in the EM&A Manual;

(c) carrying out remedial actions in accordance with the Event and Action Plan, 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 for all parameters except for construction noise, within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

3.3 The Permit Holder shall set up a construction complaint investigation procedure at least 2 weeks before the commencement of construction works. The complaint investigation procedure shall follow the requirements set out in the EM&A programme.

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

3.5 Two hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of any construction works. The Report shall include but without limitation to the details of the baseline air quality monitoring. Additional copies of the submission shall be provided to the Director upon request from the Director

3.6 Two hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.

3.7 The actions described in the Event/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/Action Plan, or as agreed by the Director.

4. Electronic Reporting of EM&A Information

4.1 To facilitate 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 these 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 3.5 and 3.6 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

4.2 All environmental monitoring data described in Condition 4.1 above shall be made available to the public via internet access 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 relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data with features capable of:

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

(b)searching by date;

(c)searching by types of monitoring data (air quality and construction waste); and

(d)hyperlinking 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 the following notes are for general information only.

2. If there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of 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 authorized officer.

3. 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.

4. 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.

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

6. 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.

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 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.

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.