Environmental Permit No.EP-02/074/2002/A

環境許可證編號 EP-02/074/2002/A

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10, 12 & 13

環境影響評估條例
(第 499章)
第 10，12 及 13條

FURTHER ENVIRONMENTAL PERMIT TO OPERATE A DESIGNATED PROJECT

就營辦指定工程項目而發出的新的環境許可證

PART A (MAIN PERMIT)
A部 (許可證主要部分)

Pursuant to Sections 10 & 12 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Further Environmental Permit (FEP-02/074/2002) to the HIGHWAYS DEPARTMENT (the "Permit Holder") on 21 November 2002. Persuant to Section 13 of the Ordinance, the Director amends the Further Environmental Permit (FEP-02/074/2002) based on the Application No. VEP-101/2003. The amendments, described below, are incorporated into this Environmental Permit (EP-02/074/2002/A). This Environmental Permit as amended is for the operation of the designated project described in Part B of this Permit subject to the conditions described in or attached in Part C of this Permit.

根據環境影響評估條例(條例) 第 10 條及 12條的規定﹐環境保護署署長 (署長) 於2002 年11月21日將新的環境許可證(環境許可證編號FEP-02/074/2002)批予路政署("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-101/2003 修訂新的環境許可證編號FEP-02/074/2002 。以下修訂已包含在本環境許證 (EP-02/074/2002/A) 內。本經修訂的環境許可證可作為營辦本許可證B 部所說明的指定工程項目，但須遵守C 部所指明或附載的條件。

The issue of this environmental permit is based on the documents, approvals or permissions described below:

本環境許可證的發出﹐乃以下表所列的文件、批准或許可作為根據﹕ -

Application No.
申請書編號

VEP-101/2003

Document in the Register :
登記冊上的文件：

(1) Kowloon-Canton Railway Corporation - West Rail Essential Public Infrastructure Works (EPIW) Associated with West Rail Stations in Yuen Long, Tin Shui Wai, Tuen Mun Centre and Eastern Access Road (December 1999) (register No. AEIAR-025/1999)[hereinafter referred to as the "EIA report"]

(2) The Director's letter of approval of the EIA Report dated 28 December 1999 [ref: (38) in Ax (3) to EP2/G/A/94 Pt.3]

(3) Environmental Permit No. EP-074/2000 issued on 9 August 2000

(4) Application for Further Environmental Permit on 25 October 2002 (Application No. FEP-056/2002)

(5) Further Environmental Permit Permit No. FEP-02/074/2002 issued on 21 November 2002

(6) Application for Variation of Environmental Permit on 7 May 2003 (Application No. VEP-096/2003)

(7) Environmental Permit No. EP-074/2000/A issued on 3 June 2003

(8) Application for Variation of Environmental Permit on 23 June 2003 (Application No. VEP-101/2003)

(1) 九廣鐵路公司 - 與位於元朗、天水圍、屯門中心及東面通道的西鐵車站相關的西鐵主要公共基本建設工程 (1999年 12月) (登記冊編號 AEIAR-025/1999) [下稱 "環評報告 "]

(2) 署長於1999年12月 28 日發出批准環評報告的信件 [檔號：(38) in Ax (3) to EP2/G/A/94 Pt.3]

(3) 於 2000年 8月 9日簽發的環境許可證編號：EP-074/2000

(4) 於2002 年10 月25 日申請之新的環境許可證申請編號 FEP-056/2002

(5) 於 2002年 11月 21日簽發的新的環境許可證編號：FEP-02/074/2002

(6) 於2003 年5 月7 日申請之更改環境許可證申請編號 VEP-096/2003

(7) 於 2003年 6月 3日簽發的環境許可證編號：EP-074/2000/A

(8) 於2003 年6 月23 日申請之更改環境許可證申請編號 VEP-101/2003

Application No.

申請

編號

Date of Application

申請

日期

List of Amendments Incorporated into Environmental Permit

已包含在本環境許可證內的修訂項目

Date of Amendments

修訂

日期

VEP-101/2003

23 June 2003

Delete condition 2.1(g) of Further Environmental Permit No. FEP-02/074/2002

Renumber conditions 2.1(h) to 2.1(i) of Part C of the Further Environmental Permit No. FEP-02/074/2002 to conditions 2.1(g) to 2.1(h) of Part C of the Environmental Permit No. EP-02/074/2002/A

Vary Figure 2 and Figure 3 of the Further Environmental Permit No. FEP-02/074/2002

4 July 2003

2003 年

6 月 23 日

刪除新的環境許可證編號 FEP-02/074/2002的第2.1(g) 項條件

把新的環境許可證編號 FEP-02/074/2002 ，C 部的第2.1(h) 至2.1(i) 項條件重新編號為環境許可證編號 EP-02/074/2002/A ，C部的第2.1(g) 至2.1(h) 項條件

在新的環境許可證編號FEP-02/074/2002 內更改圖 2 及圖 3

2003 年

7 月 4 日

___________________
Date
日期

______________________________________
(Elvis W K AU)
Assistant Director of Environmental Protection
(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:

下列為本環境許可證 A 部所提及的指定工程項目的說明 :

Title of Designated Project 指定工程項目的名稱	Essential Public Infrastructure Works Associated with West Rail Stations Eastern Access Road, Yuen Long [This designated project is hereinafter referred to as "the Project"] 西鐵車站相關的元朗東面通道主要公共基本建設工程。 [這指定工程項目下稱 "工程項目"]
Nature of Designated Project 指定工程項目的性質	Road to connect West Rail Kam Tin Station. 連接西鐵錦田站的道路。
Location of Designated Project 指定工程項目的地點	The locations of the road project are shown in Figure 1 in this Permit. 道路工程項目的位置，載於本許可證的圖 1。
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍	The Project involves the operation of primarily at-grade Eastern Access Road and two bridges over the two branches of the drainage channels. The extents and limit of the Project are shown in Fig. 1 of this permit and consist of the operation of a dual two-lane carriageway (the "Eastern Access Road, Yuen Long") of approximately 0.85 kilometres in length connecting the West Rail Kam Sheung Road Station and Kam Tin Bypass. 工程項目涉及營辦主要建於地面的東面通道，以及在排水渠的兩條支管上面兩條天橋。工程範圍及界線包括一條約長 0.85公里的雙程雙線分隔車道 ("元朗東面通道")，連接西鐵錦上路站及錦田繞道，載於本許可證的圖 1。

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 subject of appropriate action to be taken under the Ordinance.

1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any 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), the Waste Disposal Ordinance (Cap. 354).

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 Directoror his authorized officersat the Permit Holder’s office. 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 operate the Project in accordance with the project descriptions in Part B of this Permit.

1.5 The Permit Holder shall ensure that the Project is operated in accordance with the information and recommendations described in the EIA Report; 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 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.

1.6 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.

1.7 All submissions deposited without comments by the Director or all submissions rectified in accordance with comments by the Director under this Permit shall be constructed 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 certified by the Permit Holder.

1.8 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.

1.9 Amendments to submissions required under this Permit shall be approved by the Director and deposited with the Environmental Impact Assessment Register Office or any other places as specified by the Director as required by the respective conditions.

1.10 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 at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

1.11 The Permit Holder shall notify the Director the commencement date of operation of the Project at least 4 weeks prior to the commencement of operation of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the operation.

2. Submissions or Measures for Operation of the Project

2.1 The Permit Holder shall provide and maintain the following mitigation measures for the operation of the Project to mitigate the noise impacts:

(a) a 3 m high, 60m long noise barrier behind the footpath along the north bound carriageway of the Eastern Access Road, immediately south of the Kam Tin Road/Kam Tin By-pass roundabout. The noise barrier is located approximately at Chainage 860 to 920 m as shown in Figure 2.

(b) a 2.5 m high, 80m long absorptive barrier behind the footpath along the north bound carriageway of the Eastern Access Road, north-east of the proposed footbridge. The absorptive barrier is located approximately at Chainage 1029 to 1109 m as shown in Figure 2.

(c) a 3 m high, 100 m long absorptive barrier next to the bus-bay and behind the footpath along the north bound carriageway of the Eastern Access Road, south-west of the proposed footbridge. The absorptive barrier is located approximately at Chainage 1109 to 1209m as shown in Figure 2.

(d) a 3 m high, 20 m long absorptive barrier next to bus-bay and behind the footpath, along the south bound carriageway of the Eastern Access Road and in front of Ng Ka Tsuen, north-east of the proposed footbridge. The absorptive barrier is located approximately at Chainage 1080 to 1110m as shown in Figure 2.

(e) a 3 m high, 55 m long absorptive barrier 1 m from kerbside along south bound carriageway of the Eastern Access Road and in front of Ng Ka Tsuen, south-west of the proposed footbridge. The absorptive barrier is located approximately at Chinage 1100 to 1155 m as shown in Figure 2.

(f) a 5.5 m high, 60 m long absorptive barrier along the east bound of the Kam Sheung Road and east of the Eastern Access Road. The absorptive barrier is located approximately 2m from kerbside and next to bus-bay as shown in Figure 2.

(g) a 5 m high , 55m long absorptive barrier behind the footpath of the proposed bus-bay, along the west bound of the Kam Sheung Road and west of the Eastern Access Road as shown in Figure 3.

(h) a 5.5 m high, 150 m long noise barrier next to the bus-bay and behind the footpath along the south bound carriageway of the Eastern Access Road, south of the Eastern Access Road/Kam Sheung Road junction. The noise barrier is located approximately at Chainage 1300 to 1450 m as shown in Figure 3.

2.2 Before the commencement of operation of the project, the Permit Holder shall notify the Director that indirect technical remedies (ITR), in the form of suitable window glazing and air-conditioning to protect the affected Noise Sensitive Receivers (NSRs) - Kam Kwong Kindergarten, Lutheran Kam Sheung Church and the village house of Ng Ka Tsuen have been implemented. The affected Noise Sensitive Receivers are identified as NSR 71, NSR 89, NSR 90 respectively in the Table 15.3a of the EIA Report.

2.3 The Permit Holder shall deposit to the Director, at least six months before the operation of the project, a monitoring plan for the purpose of assessing the accuracy of traffic noise predictions, by comparing the project noise impact predictions with the actual impacts. The monitoring plan shall contain monitoring locations, monitoring schedules, methodology of noise monitoring including noise measurement procedures, traffic counts and speed checks, and methodology of comparison with the predicted levels. The recommended monitoring locations are detailed in the Implementation Schedule of the EIA report and additional monitoring locations may be required by the Director. At least three sets of measurements at each monitoring location shall be conducted and the monitoring shall be done within the first year of operation of the project

2.4 Monitoring works to be carried out under Condition 2.3 shall be conducted in accordance with the deposited monitoring plan unless with prior justification. Monitoring details and results including the comparison between the measured noise levels and the predicted levels shall be recorded in a report to be deposited with the Director within one month after the completion of the monitoring. Before depositing with the Director, the report shall be certified by the Permit Holder.

2.5 Mitigation measures contained in section 18.3.3 of the EIA report shall be fully implemented to mitigate landscape and visual impacts during operation of the Project.

Notes:

1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.

2. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works, suspend, vary or cancel this Permit.

5. If this Permit is cancelled or surrendered during 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 operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable: -

(i) on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v)in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $ 10,000 for each day on which he is satisfied the offence continued.

7. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.