Environmental Permit No.EP-078/2000/C
環境許可證編號 EP-078/2000/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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
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-078/2000) to the DRAINAGE SERVICES DEPARTMENT (hereinafter referred to as the "Permit Holder") on 31 August 2000. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit based on the Application No. VEP-123/2003. The amendments described below, are incorporated into this Environmental Permit (EP-078/2000/C). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B of this Permit subject to the conditions described in and attached to Part C of this Permit.
This Environmental Permit is based on the documents, approval and permissions described below:
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8月31日將環境許可證(EP-078/2000) 批予渠務署(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-123/2003修訂環境許可證。以下修訂已包含在本環境許可證內(EP-087/2000/C)。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程目，但須遵守本許可證C部所說明及附載的條件。
本環境許可證乃依據下列的文件、批准及許可條件而簽發:
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Application No. 申請書編號: |
VEP-123/2003 |
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Document in the Register : 登記冊上的文件 :
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(1) Shenzhen River Regulation Project Stage III (Register No. AEIAR – 035/2000) [This Study is hereinafter referred to as "the EIA Report"] (2) Application No. AEP-078/2000 dated 3 August 2000 for Environmental Permit (3) Environmental Permit No. EP-078/2000 issued on 31 August 2000
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(4) Application for Variation of Environmental Permit on 26 February 2001 (Application No. VEP-039/2001) (5) Application No. FEP-035/2001 dated 26 February 2001 for Further Environmental Permit (6) Application No. FEP-036/2001 dated 26 February 2001 for Further Environmental Permit (7) Application No. FEP-037/2001 dated 26 February 2001 for Further Environmental Permit (8) Environmental Permit No. EP-078/2000/A issued on 23 March 2001 (9) Further Environmental Permit No. FEP-01/078/2001 issued on 24 March 2001 (10) Further Environmental Permit No. FEP-02/078/2001 issued on 24 March 2001 (11) Further Environmental Permit No. FEP-03/078/2001 issued on 24 March 2001 (12) Application for variation of Environmental Permit on 22 May 2001 (Application No. VEP-044/2001) (13) Environmental Permit No. EP-078/2000/B issued on 1 June 2001 (14) Application for variation of Environmental Permit on 2 December 2003 (Application No. VEP-123/2003)
(1) 治理深圳河第三期工程環境影響評估報告(登記編號﹕AEIAR-035/2000)[下文簡稱「環評報告」] (2) 於2000年8月3日申請環境許可證(申請編號AEP-078/2000) (3) 於2000年8月31日簽發的環境許可證編號：EP-078/2000 (4) 在2001年2月26日申請更改環境許可證(申請編號 VEP-039/2001) (5) 於2001年2月26日申請新的環境許可證(申請編號 FEP-035/2001) (6) 於2001年2月26日申請新的環境許可證(申請編號 FEP-036/2001) (7) 於2001年2月26日申請新的環境許可證(申請編號 FEP-037/2001) (8) 於2001年3月23日簽發的環境許可證編號：EP-078/2000/A (9) 於2001年3月24日簽發的新的環境許可證編號：FEP-01/078/2001 (10) 於2001年3月24日簽發的新的環境許可證編號：FEP-02/078/2001 (11) 於2001年3月24日簽發的新的環境許可證編號：FEP-03/078/2001 (12) 在2001年 5月 22日申請更改環境許可證(申請編號 VEP- 044/2001) (13) 於2001年6月1日簽發的環境許可證編號：EP-078/2000/B (14) 在2003年12月 2日申請更改環境許可證(申請編號 VEP- 123/2003)
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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 |
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VEP-039/2001
VEP-044/2001
VEP-123/2003 |
26 February 2001 2001年2月26日
22 May 2001 2001年5月22日
2 December 2003 2003年12月2日 |
- Vary conditions 4.13 and 4.14 in Part C of Environmental Permit No.EP-078/2000 - Add condition 4.15 to Part C of Environmental Permit No.EP-078/2000/A - Renumber conditions 4.15 and 4.16 in Part C of Environmental Permit EP-078/2000 to conditions 4.16 and 4.17 in Part C of the Environmental Permit No. EP-078/2000/A
- 更改環境許可證編號EP-078/2000, C部的第4.13及4.14項條件 - 在環境許可證編號EP-078/2000/A 的 C部加入第4.15項條件 - 把環境許可證編號EP-078/2000, C部的第4.15及4.16項條件重新編號為環境許可證編號EP-078/2000/A, C部的第4.16及4.17項條件
- Add condition 1.13 to Part C of Environmental Permit No.EP-078/2000/B
- 在環境許可證編號EP-078/2000/A 的 C部加入第4.15項條件
- Vary condition 4.12 in Part C of Environmental Permit No.EP-078/2000/B
- 更改環境許可證編號EP-078/2000/B, C部的第4.12項條件 |
23 March 2001 2001年3月23日
1 June 2001 2001年6月1日
29 December 2003 2003年12月29日 |
29December 2003
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Date 日期
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(K.S. Chan) Acting Assistant Director of Environmental Protection (Environmental Assessment and Noise) for Director of Environmental Protection 署理環境保護署署長 (助理署長(環境評估及噪音)陳錦新代行) |
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:
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Title of Designated Project 指定工程項目的名稱
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Shenzhen River Regulation Project Stage III [This designated project is hereinafter referred to as “the Project”] 治理深圳河第三期工程[這指定工程項目下稱“工程項目”]
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Nature of Designated Project
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Waterways and drainage works. 水道及渠務工程。
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Location of Designated Project 指定工程項目的地點 |
Section of Shenzhen River from Lo Wu to Lo Shue Leng, New Territories. Figure 1 attached to this Permit shows the locations and layout of the works. 新界深圳河羅湖至老鼠嶺段 工程的地點及佈局設計載於本許可證的附圖1。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(i) Deepening, widening and straightening of a section of Shenzhen River of about 4 km in length from Lo Wu to Lo Shue Leng for the construction and operation of a drainage channel; (ii) Disassembling and re-assembling the existing Lo Wu Railway Bridge, and provision of a new Lo Wu Railway Bridge; (iii) Demolishing and rebuilding the Lo Wu Old Footbridge; (iv) Demolishing and rebuilding the Man Kam To bridges; (v) Reprovisioning of Dongjiang water mains; (vi) Reprovisioning of border road and border fence; (vii) Reprovisioning of temporary border fence; (viii) Ancillary road and drainage works; and (ix) Landscaping works.
(i) 挖深、拓寬和裁彎取直一段約4公里長，由羅湖至老鼠嶺的深圳河河道，以建造及營辦一條排水道； (ii) 分拆及重組現有的羅湖鐵路橋，並提供一條新的羅湖鐵路橋； (iii) 拆卸及重建羅湖舊行人橋； (iv) 拆卸及重建文錦渡橋； (v) 重新設置東江水的輸水管； (vi) 重新設置邊界道路及邊界圍欄； (vii) 重新設置臨時邊界圍欄 (viii) 附屬道路和排水工程；及 (ix) 景觀美化工程。 |
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 and may become subject of appropriate action to be taken under the Ordinance.
1.2 The Permit Holder shall ensure, from time to time, full compliance with all legislation in force including but without limitation to 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 defence 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 this 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.
1.5 The Permit Holder shall display a copy of this Permit on the construction sites 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 sites.
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; 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 or unless otherwise stated in submissions approved by the Director, deposited without comments by the Director, or submissions rectified in accordance with comments by the Director under 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 1 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 Environmental Impact Assessment Ordinance.
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 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).
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction at least 2 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.
1.13 For the construction and operation of the Preparative Work as stated in Section 2.4(2) of page 2-19 and page 2-20 of the EIA Report, including temporary security border fences at Lo Wu and Nam Hang as shown on the attached figures 2 and 3, only the General Conditions 1.1 to 1.12 of this Environmental Permit are applicable.
2. Submissions or Measures before Commencement of Construction
2.1 An Environmental Team (ET) shall be established no later than 4 weeks before commencement of construction of the Project. The ET shall be supervised by a team leader (ET Leader) who has at least 7 years’ experience in environmental monitoring and audit (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 EM&A Manual, the auditing of submissions relating to EM&A and any other submissions required under this Permit and verifying the submissions as conforming to the information and recommendations contained in the EIA Report.
2.2 The Permit Holder shall deposit with the Director 3 sets of design drawings, of scale 1 in 1000 or other reasonable scale, showing the locations, construction details and implementation programme of the temporary noise barriers recommended in the EIA Report for the protection of Lo Wu Tsuen, Lo Wu Public School, Muk Wu Tsuen and Nga Yiu Tsuen (NSR I.D. Hong Kong side 1#, 2#, 3# and 4# respectively identified in the EIA Report). The submission shall be verified by the ET Leader as conforming to the information and recommendations contained in the EIA Report and shall be made available to the Director within 8 weeks after the commencement of construction of the Project. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director.
2.3 The Permit Holder shall, at least 8 weeks before commencement of any construction works, submit to the Director for approval details of a benthic monitoring programme which covers the estuary of the Shenzhen River during construction and operational phases of the Project until such time that the Agriculture, Fisheries and Conservation Department takes over the said benthic monitoring.
2.4 The Permit Holder shall conduct a study on the ‘Dismantle of Lo Wu Railway Bridge’ at least within 6 months before the commencement of construction of the Project. The study shall include detailed rules on information recording and dismantle procedures, dismantle programme and methodology, guidelines for preserving the dismantled materials, location of re-erection, restoration programme and detailed rules for restoration. The Permit Holder shall obtain agreement from the Director on the scope of the study before commencement of the aforesaid study. Based on the findings of the study, the Permit Holder shall prepare a proposal for carrying out the dismantling and restoration works of the Lo Wu Railway Bridge and submit 3 copies of the proposal to the Director for approval at least 8 weeks before commencement of dismantle work of the Lo Wu Railway Bridge. The proposals shall be verified by the ET Leader as conforming to the information and recommendation contained in the aforesaid study. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director.
2.5 The Permit Holder shall employ relevant expert(s) in preparing drawings and photographs for documentation of the Lo Wu Old Footbridge. A method statement and the qualifications of the experts shall be submit to the Director for agreement 4 weeks prior to carrying out the documentation work. 3 sets of the drawing/photograph record shall be deposited to the Director for approval at least 8 weeks before commencement of dismantling of the Lo Wu Old Footbridge. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director.
2.6 The Permit Holder shall submit 3 sets of Waste Management Plan to the Director for approval at least 6 weeks before the commencement of construction of the Project. The Waste Management Plan shall include details on the arrangements for avoidance, minimization, material reuse/recovery/recycling, collection, transportation, storage, collection and disposal of various types of wastes to be generated from the construction activities and details of implementation programme.
2.7 The Waste Management Plan shall demonstrate that the quantity of spoil to be disposed of at the Nam Hang Valley shall be minimised to no more than 400,000 cubic metres.
2.8 The Waste Management Plan shall also demonstrate that no excavated material would be dumped outside the spoil disposal area as shown in Figure 8.23 of the EIA Report. The Waste 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 and shall include a detailed contaminated spoil distribution map and a system to record the final disposal position of each part of such contaminated spoil. The Waste Management Plan shall be verified by the ET Leader as conforming to the information and recommendations contained in the EIA Report prior to submission to the Director. The Waste Management Plan shall be implemented during construction.
2.9 The Permit Holder shall employ an archeologist to conduct a detailed archaeological investigation within the project boundary at least 12 months before commencement of construction of the Project. A method statement and the qualifications of the archaeologist shall be submitted to the Director for approval at least 4 weeks prior to commencement of the archeological investigation. A detailed time schedule of the archaeological investigation works shall be deposited to the Director at least 2 weeks before commencement of any field archaeological investigation works. If archaeological deposits/ruins are found at the site, an archaeological excavation shall be conducted and completed prior to commencement of construction.
3. Submissions during Construction
3.1 The Permit Holder shall submit to the Director for approval 3 sets of an Environmental Management Plan within 4 weeks of the commencement of construction of the Project. The Environmental Management Plan shall be verified by the ET Leader as being in conformity to the information and recommendations described in the EIA Report. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director. The approved Environmental Management Plan shall be fully implemented throughout the construction period. Failure to implement the approved Environmental Management Plan shall be a ground for enforcement action, or may render this permit liable for suspension, cancellation, or variation.
3.2 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.
3.3 The Permit Holder shall, at least 4 weeks before the commencement of the landscape works or compensatory planting/revegetation/restoration works of the project whichever is the earlier, notify the Director of the commencement date of these works.
3.4 The Permit Holder shall, at least 4 weeks before the commencement of the landscape works or compensatory planting/revegetation/restoration works of the project whichever is the earlier, submit to the Director for approval 5 sets of Landscape Plan(s) which shall include an explanatory statement, an implementation programme and drawing(s) of scale 1 to 1000 or other appropriate scale as agreed by the Director. The drawings shall show the detailed landscape proposals (including proposals for the compensatory planting, revegetation, and restoration works. The restoration works shall cover the four meanders identified as M1, M4, M5 and M6 in Figure 8.2 of the EIA Report, the spoil dumping site at Nam Hang as shown in Figure 8.32 of the EIA Report and habitats affected by the river re-alignment as stated in Section 8 of the EIA Report and the two temporarily occupied fishponds located north of the Sandy Ridge Cemetery as shown in Figure 8.30 of the EIA Report) during the construction and operation stages of the Project. The Landscape Plan(s) shall be verified by the ET Leader as conforming to the requirements set out in Section 8 and Section 10 of the EIA Report before submission.
3.5 The Permit Holder shall conduct a ground water investigation which covers the marsh areas north of the bloodworm pond valley and at Muk Wu Nga Yiu as indicated in Figure 8.2 of the EIA Report. A report detailing the results of the ground water investigation together with any recommendations including installation of cut-off walls behind the new embankment and ground water recharge to prevent excessive lowering of the water table during construction works in the dry season (October through March) and proposal for ground water monitoring during the full duration of the construction period shall be deposited to the Director within 4 weeks after commencement of construction of the Project. The ground water investigation report shall be verified by the ET Leader as conforming to the information and recommendations contained in Section 8.6.1 of the EIA Report prior to submission to the Director.
4. Measures to be Provided during Construction
4.1 The Permit Holder shall implement all measures described in the submissions submitted or deposited under Conditions 2.2, 2.3, 2.4, 2.5, 2.6, 2.9, 3.1, 3.4 and 3.5 of this Permit in accordance with the respective implementation programme.
4.2 The Permit Holder shall implement measures described in Annex A to mitigate noise impacts during construction.
4.3 The quantity of spoil to be disposed of at the disposal site at Nam Hang Valley shall be minimised to no more than 400,000 cubic metres.
4.4 The minimum distance requirements described in Table 5.9 of the EIA Report for the protection of Lo Wu Tsuen, Lo Wu Public School, Muk Wu Tsuen and Nga Yiu Tsuen shall be followed in carrying out channel excavation, dyke filling and bank and bed protection works.
4.5 Dredging shall be carried out at only one of the four Zones indicated in Figure 2.1 of the EIA Report at any time and only one set of dredger is allowed for operation.
4.6 Closed grab shall be used for the dredging.
4.7 When carrying out dredging works during the dry season (October through March), silt curtains shall be installed within 200m upstream and 500m downstream of the dredging location. The silt curtains shall be installed to cross the full section of the river. The silt curtains shall remain closed when there is dredging activities. The installed silt curtains shall be properly maintained during dredging works.
4.8 Monitoring of dredging rate shall be undertaken on a daily basis. The permit holder shall maintain a log on the daily amount of dredged materials and barging volume throughout the construction period. Copy of the log book shall be made available to the Director within 1 week upon request.
4.9 Spillage of spoil over barge during loading and transportation of spoil shall be prohibited.
4.10 The shipping route shall follow the centerline of the Shenzhen River to avoid birds-foraging areas.
4.11 The maximum volume of dredged materials for any month during construction shall not exceed 40,400 m3.
4.12 All dredged materials from the riverbed of the project, except the dredged material arising from the river section between Yuen Leng Chai and Man Kam To as shown in Figure 4, shall only be disposed of at the marine disposal sites as identified in the EIA Report. For the aforesaid river section, the dredged materials shall either be disposed of at the marine disposal sites as identified in the EIA Report or be mixed with cement for solidification before reused as fill behind the river embankment within the works area as shown in Figure 4. The solidification of dredged materials shall be subject to the following conditions:
(a) The cement solidification process shall be carried out during dry season between October and March and within the project boundary as shown in Figure 4. The dredged material shall be mixed with at least 20% cement (by weight) for solidification and the curing time shall be not less than 21 days.
(b) The areas for cement solidification shall be paved with impermeable layers. The surface of storage tanks and surrounding area of the wastewater collection tank shall be coated with impermeable layer to avoid leakage into ground. Both the mixing tanks and storage tanks shall be covered with impermeable sheets during raining to avoid rainwater entering the tanks.
(c) The edge of the mixing tanks and storage tanks shall be at least 50cm clear from the ground level to avoid surface water entering the tanks. Surface drainage shall be provided to the cement solidification area to collect wastewater from the solidification process and surface water for treatment prior to discharge into the Shenzhen River.
(d) The solidified materials shall be subject to compliance testing before they can be reused as fill. The sampling frequency of the compliance testing shall be not less than one sample per 500m3 or the volume of one batch of the solidified materials, whichever is the less. The compliance testing shall consist of a Toxicity Characteristic Leaching Procedure (TCLP) Test and an Unconfined Compressive Strength (UCS) Test. The testing results of the sample of a batch of the solidified materials shall meet the Universal Treatment Standards (UTS) for TCLP Test and shall be not less than 16.5 psi for the UCS test before the batch of materials can be reused. All testing results shall be submitted to the ET Leader for compliance monitoring and reported in the monthly EM&A reports.
(e) Prior to carrying out the cement solidification process, the Permit Holder shall submit a river water quality programme to the Director for approval. The river water quality monitoring programme shall be able to monitor the impacts, if any, to the river water quality arising from the cement solidification process and shall be certified by the ET Leader before submitted to the Director. Monitoring shall be carried out in accordance with the approved river water quality monitoring programme and reported in the monthly EM&A reports.
4.13 The Permit Holder shall deposit 3 sets of construction plans to the Director at least 4 weeks before the commencement of construction of the Project providing details and location of the site fence to fence off the work site and clearly marking the ecological sensitive areas (including the remaining portions of the marsh areas north of the Nam Hang bloodworm pond valley and the Muk Wu Nga Yiu, the 4 meanders M1, M4, M5 and M6 as shown in Figures 8.2 of the EIA Report and the Nga Yiu Acient Site) as ‘temporary protected areas’ with appropriate and easily observable warning signs placed at relevant locations. The Permit Holder shall demonstrate that the work site fencing is effective and practical to physically prevent the construction workers from disturbing the off aligned areas and habitats and accidental spillage of spoil.
4.14 The Permit Holder shall fence-off the boundaries of the work site as in above Condition 4.13 with ‘buffer zones’ of least 5 meters width from the toe of the external embankment before commencement of construction of the Project to prevent construction workers from disturbing the off alignment and accidental spillage of spoil. Fences which allow full visibility shall be used for this purpose. For locations where the erection of fixed structures are not possible, such as at existing ponds and rivers, temporary fences, barriers or clear markings to prohibit entry, shall be installed. Clear markings and warning signs as in accordance with above Condition 4.13 shall be installed at site to indicate the ‘temporary protected areas’ and to warn the construction workers against disturbing the said areas respectively. All fences, markings, and warning signs shall be removed upon completion of construction works.
4.15 No construction activities and workers shall be allowed in the ‘temporary protected areas’ as stated in Condition 4.13, except for carrying out restoration works in the said areas.
4.16 The Permit Holder shall, at least 2 weeks before the Project commences operation, notify the Director of the commencement date of operation of the Project.
4.17 The Permit Holder shall, at least 2 weeks before the Project commences operation, deposit with the Director 5 sets of detailed as-built drawing(s) showing the final locations of tree plantings/grasscrete placement/revegetation and restoration works. The restoration works shall cover the meanders identified as M4 and M6 in Figure 8.2 of the EIA Report, the spoil dumping site at Nam Hang as shown in Figure 8.32 of the EIA Report and habitats affected by the river re-alignment as stated in section 8 of the EIA Report. This final set of as-built submission(s) shall be verified by the ET Leader to confirm that Condition 3.4 is fulfilled.
5. Environmental Monitoring and Audit (EM&A) during the Construction Period
5.1 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 verified by the ET Leader as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.
5.2 Samples and measurements for noise, water and air quality shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline noise, water and air monitoring at specified locations and frequencies;
(b) conducting impact monitoring on noise, water and air quality at specified locations and frequencies;
(c) conducting bird survey and survey of effectiveness of wetland restoration and vegetation restoration;
(d) conducting monitoring of landscape and visual mitigation measures;
(e) conducting monitoring of cultural and heritage mitigation measures;
(f) carrying out remedial actions, in cases where specified criteria in the EM&A Manual are exceeded, in accordance with the Event and Action Plan as set out in the EM&A Manual; and
(g) logging and keeping detailed records of (a) and (b) above, within 3 working days after collection of data or completion of remedial action, for the preparation and submission of the EM&A Reports and to make available the information for inspection on site.
5.3 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
5.4 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director at least 4 weeks before the commencement of any construction works of the Project. The submissions shall be verified by the ET Leader. Additional copies of the submission shall be provided upon request from the Director.
5.5 Two hard copies 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 verified by the ET Leader. Additional copies of the submission shall be provided upon request from the Director.
5.6 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 as set out in the Event and Action Plans, or as agreed by the Director.
6. Electronic Reporting of EM&A Information
6.1 To enable public inspection of the Baseline Monitoring Report and monthly EM&A Reports during both construction and operation via the Environmental Impact Assessment Ordinance Internet Website and at the Environmental Impact Assessment Ordinance Register Office, electronic copies of the EM&A Reports shall be prepared in both 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. The electronic copies shall be submitted at the same time as the hard copies as described in Conditions 5.4 and 5.5 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.
7. Submissions and Measures to be Provided for Operation
7.1 At least 8 weeks before commencement of operation, the Permit Holder shall submit to the Director for approval details of a two-year monitoring programme on the sedimentation rate and particle size at the estuary of the Shenzhen River.
7.2 All measures as stated in the approved monitoring programme as described in Condition 7.1 above shall be fully implemented.
7.3 The Permit Holder shall, within 12 months after the completion of construction of the new river channel, fully implement the restoration works for Meander M1 as shown in Figure 8.28 of the EIA Report, Meander M5 as shown in Figure 8.29 of the EIA Report and the temporary occupied fishponds located north of the Sandy Ridge Cemetery as shown in Figure 8.30 of the EIA Report.
7.4 The Permit Holder shall, within 12 months after the completion of construction of the new river channel, deposit with the Director 5 sets of detailed as-built drawings(s) showing the final location of the works as described in the above Condition 7.3. The restoration works shall be verified by the ET Leader as conforming to the recommendations in Section 8 of the EIA Report.
7.5 All measures described in the submissions deposited under Conditions 2.3 and 4.17 of this Permit shall be fully implemented.
7.6 The mitigation measures as stated in Conditions 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11 and 4.12 of this Permit shall be fully implemented during maintenance dredging to minimize water quality impact.
7.7 The Permit Holder shall implement measures described in Annex B to mitigate noise impact during maintenance dredging.
Notes:
1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.
2. The Permit Holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original Permit displayed on the construction site by the amended Permit.
3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under section 12 of the Ordinance to the Director for a further environmental permit.
4. Under section 14 of the Ordinance, the Director may, with the consent of the Secretary for Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from the display at the construction site.
5. If this Permit is cancelled or surrendered during the construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of schedule 2 of the Ordinance without a valid environmental permit.
6. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable-
(i) on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.
7. The Permit Holder may appeal against any condition of this Permit under section 17 of the Ordinance within 30 days of receipt of this Permit.
Annex A
(i) The number of items of plant operating at the same time at the specified locations shall be minimized for each construction activity.
(ii) Mechanical equipment shall be arranged in a way that avoids clustering at the same spot.
(iii) Only well-maintained plant shall be operated on site and plant shall be serviced regularly.
(iv) Only quiet power mechanical equipment shall be used.
(v) Silencer(s) shall be installed for fixed equipment(s) such as compressor, concrete mixer, bulldozer, grab, and tip lorry, or the vibrating parts of the engines shall be isolated to reduce noise emission.
(vi) Silence(s) on construction equipment shall be properly maintained.
(vii) No whistling or horn-blowing is permitted on ships.
(viii) The construction workers on barges is prohibited from making sudden loud noises.
(ix) Silencer shall be installed on ship engines.
(x) Engine on ship without enclosure is prohibited.
Annex B
(i) Only well-maintained plant shall be operated on site and plant shall be serviced regularly.
(ii) Only quiet power mechanical equipment shall be used.
(iii) Silencer(s) shall be installed for fixed equipment(s) such as compressor, concrete mixer, bulldozer, grab, and tip lorry, or the vibrating parts of the engines shall be isolated to reduce noise emission.
(iv) Silencer(s) on construction equipment shall be properly maintained.
(v) Idle equipment shall be switched off or decelerated.
(vi) Horn(s) with low sound level and good orientation shall be used on barges. If condition permits, lamplight shall be used to replace horn for signaling.
(vii) The construction workers on barges is prohibited from making sudden loud noises.
(viii) Silencer shall be installed on ship engines.
(ix) Engine on ship without enclosure is prohibited.
圖 1 | 圖 2 | 圖 3 | 圖 4 | 附件 A | 附件 B