Environmental Permit No. EP-177/2003/B
環境許可證編號 EP-177/2003/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTIONS 10 and 13
環境影響評估條例
(第499章)
第10 及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-177/2003 to the MTR CORPORATION LIMITED (hereinafter referred to as the “Permit Holder”) on 7 November 2003. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (No. EP-177/2003/A) based on the Application No. VEP-144/2004. The amendments, described below, are incorporated into this Environmental Permit (No. EP-177/2003/B). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions specified and 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2003年11月7日將環境許可證編號 EP-177/2003 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-144/2004 修訂環境許可證編號 EP-177/2003/A。下文說明的修訂，已包含在本環境許可證內 (EP-177/2003/B)。本經修訂的環境許可證，適用於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 部所列明及附載的條件。
The issue of this Environmental Permit is based on the documents, approval and permissions described below:
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.: |
VEP-144/2004 |
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Document
in the Register :
Document in the Register : |
1. Tung Chung Cable Car Project - Environmental Impact Assessment Report (Final) - Environmental Impact Assessment - Executive Summary - Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-074/2003)
東涌吊車項目 - 環境影響評估報告（最終） - 環境影響評估報告 - 行政摘要 - 環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-074/2003）
2. The Director’s letter of approval of the EIA Report dated 9 June 2003 referenced EP2/N9/Q/83
環境保護署署長於二○○三年六月九日發出批准環評報告的信件檔案編號EP2/N9/Q/83
3. Project Profile – “Tung Chung Cable Car Project – Ngong Ping Stream Diversion” (Register No.: PP-193/2003)
工程項目簡介 ― “東涌吊車項目 - 昂坪溪流改道” （登記冊編號：PP-193/2003）
4. The Director’s letter of permission to apply directly for environmental permit dated 4 September 2003 referenced EP2/N9/Q/83
環境保護署署長於二○○三年九月四日發出准許直接申請環境許可證的信件檔案編號EP2/N9/Q/83
5. Application for Environmental Permit dated 10 October 2003 (Application No.: AEP-177/2003)
許可證持有人於二○○三年十月十日提交的許可證申請文件（申請書編號：AEP-177/2003）
6. Environmental Permit issued on 7 November 2003 (Permit No. EP-177/2003)
於二○○三年十一月七日發出的環境許可證 (許可證編號 EP-177/2003)
7. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 6 May 2004. (Application No. VEP-139/2004)
許可證持有人於二ＯＯ四年五月六日提交的更改環境許可證申請文件(申請書編號VEP-139/2004)
8. Environmental Permit issued on 1 June 2004 (Permit No. EP-177/2003/A)
於二ＯＯ四年六月一日發出的環境許可證 (許可證編號 EP-177/2003/A)
9. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 8 June 2004. (Application No. VEP-144/2004)
許可證持有人於二ＯＯ四年六月八日提交的更改環境許可證申請文件(申請書編號VEP-144/2004)
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Application No. 申請編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目
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Date of Amendments 修訂日期 |
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VEP- 139/2004 |
6 May 2004 2004年5月6日 |
(1) Vary Figure 3 in Part B. (2) Vary Conditions 1.7, 2.7, 3.2 and 3.7 in Part C.
(1) 更改B部的附圖 3。 (2) 更改C部的第1.7、2.7、3.2及3.7項條件。
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1 June 2004 2004年6月1日 |
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VEP- 144/2004 |
8 June 2004 2004年6月8日 |
(1) Vary Figure 2 in Part B. (2) Vary Conditions 1.7, 2.4, 2.9, 3.2, 3.7, 3.9 and 3.11 and Appendix A (b)(iv)in Part C. (3) Add Figure 4.
(1) 更改B部的附圖 2。 (2) 更改C部的第1.7、2.4、2.9、3.2、3.7、3.9及3.11項條件和附錄A (b)(iv)。 (3) 加入附圖 4。
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7 July 2004 2004年7月7日 |
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7 July 2004 2004年7月7日
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Date 日期
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(Elvis W. K. AU) |
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PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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Tung Chung Cable Car Project (This designated project is hereafter referred to as “the Project”) 東涌吊車項目 (本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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Construction and operation of a cable car system which includes new access roads, earthworks and building works in the Lantau North Country Park and the Proposed Lantau North (Extension) Country Park (hereafter referred to as “the country parks”) on the Lantau Island. 建造及營辦吊車系統，包括在位於北大嶼郊野公園和建議中的北大嶼郊野公園(擴建部分)(下稱“郊野公園”)內的新通路、土木工事和建築工程
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Location of Designated Project 指定工程項目的地點
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Between Tung Chung and Ngong Ping on the Lantau Island. 大嶼山東涌和昂坪之間
The location of the Project is shown in Figure 1 to 3 of this Permit. 工程項目的地點展示於本許可證圖1至3內
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Scale and Scope of Designated Project |
The Project mainly consists of the followings : 工程項目主要範圍包括以下：
- Construction of a Bi-cable cable car system of about 5.7km long between Tung Chung and Ngong Ping 於東涌和昂坪之間興建全長約 5.7 公里的吊車系統
- Construction of two terminals at Tung Chung and Ngong Ping respectively 興建兩座分別於東涌及昂坪的終站大樓
- Construction of two angle stations and eight supporting towers; and 興建兩座轉向點和八座纜塔的建築物，和
- Construction of emergency rescue trail and other ancillary works. 興建緊急逃生徑及其他輔助建築
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1. General Conditions
1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and may become the 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 to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Country Parks Ordinance (Cap.208), Waterworks Ordinance (Cap.102), Aerial Ropeways (Safety) Ordinance (Cap. 211) and Tung Chung Cable Car Ordinance (Cap. 577). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit and 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 site(s) of construction and operation of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular site entrances/exits or at a convenient location for public’s information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended Permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site(s).
1.6 The Permit Holder shall construct and operate the Project in accordance with the project description 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 approved EIA Report (Register No. AEIAR-074/2003), the Project Profile (Register No. PP-193/2003), the application documents for variation of an environmental permit (Application No. VEP-139/2004 and Application No. VEP-144/2004) and other relevant documents in the Register, the information and mitigation measures described in this Permit, 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, and 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 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 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 (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 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). Electronic copies of all finalized submissions required under this Permit 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.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month 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 purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation or other works as agreed by the Director.
2. Submissions or Measures before Commencement of Certain Parts of the Project
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An ET shall be established by the Permit Holder no later than one month before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual referred to in Condition 2.3 below. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-074/2003), the Project Profile (Register No. PP-193/2003) or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-074/2003), the Project Profile (Register No. PP-193/2003) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual referred to in Condition 2.3 below and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-074/2003), the Project Profile (Register No. PP-193/2003) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.
Updating of Environmental Monitoring and Audit (EM&A) Manual
2.3 The Permit Holder shall, no later than one month before the commencement of the works in the country parks, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated 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 approved EIA Report (Register No. AEIAR-074/2003) and the Project Profile (Register No. PP-193/2003). The updated EM&A Manual shall include the updated structure and responsibilities of EM&A personnel engaged for the Project and the updated environmental monitoring and audit requirements arising from the Conditions 2.4, 2.5, 2.6, 2.7, 2.8, 2.9 and 2.10 of this Permit relating to the emergency rescue trail, angle stations, supporting towers and material delivery during construction.
Emergency Rescue Trail and Ancillary Works
2.4 No more than one emergency rescue trail shall be constructed for the Project. The emergency rescue trail shall follow the alignment as shown in the Figure 2 and 3 of this Permit unless otherwise agreed by the Director. The width of the emergency rescue trail shall not be more than 1.5m. The emergency rescue trail shall be properly designed and constructed to minimize the ecological, visual and landscape impact in accordance with the approved EIA report (Register No. AEIAR-074/2003) and the application document for variation of an environmental permit (Application No. VEP-144/2004). No more than 0.12ha of woodland and 0.43ha of shrubland shall be lost due to the construction of the emergency rescue trail unless otherwise agreed by the Director. The Permit Holder shall, no later than one month before the construction of the emergency rescue trail, deposit with the Director four hard copies and one electronic copy of the emergency rescue trail proposal showing the detailed design, alignment and type(s), location(s) and area(s) of habitat loss. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) and the application document for variation of an environmental permit (Application No. VEP-144/2004) to mitigate environmental impacts of ecology, visual and landscape.
2.5 No more than three helicopter touch down points for the purpose of emergency rescue shall be constructed for the Project unless otherwise agreed by the Director. The helicopter touch down points shall be constructed at the locations shown in Figure 2 and 3 of this Permit. No woodland and shrubland shall be lost due to the construction of the helicopter touch down points. No helicopter touch down point shall be hard paved with stones, concrete or any man-made materials. The helicopter touch down points shall be properly designed and constructed to minimize the ecological, visual and landscape impacts. The Permit Holder shall, no later than one month before the construction of the helicopter touch down points, deposit with the Director four hard copies and one electronic copy of the helicopter touch down point proposal showing the detailed design, locations and type(s) and area(s) of habitat loss. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) to mitigate environmental impacts of ecology, visual and landscape.
Nei Lak Shan Angle Station and Supporting Towers
2.6 The Nei Lak Shan Angle Station shall be properly designed and constructed to minimize the ecological, visual, landscape and water quality impacts. The Nei Lak Shan Angle Station shall be constructed at the location shown in Figure 3 of this Permit. No woodland and shrubland shall be lost due to the construction of the Nei Lak Shan Angle Station. Sensitive architectural design, chromatic treatment and landscape planting shall be implemented at the Nei Lak Shan Angle Station. The Permit Holder shall, no later than one month before the construction of the Nei Lak Shan Angle Station, deposit with the Director four hard copies and one electronic copy of the Nei Lak Shan Angle Station proposal showing the detailed design, location, type and area of habitat loss and visual and landscape mitigation measures. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) to mitigate environmental impacts of ecology, visual, landscape and water quality.
2.7 The supporting towers shall be properly designed and constructed to minimize the ecological, visual, landscape and water quality impacts. The supporting towers shall be constructed at the locations shown in Figure 1 to 3 of this Permit. No more than five supporting towers shall be constructed within the country parks. Sensitive design, chromatic treatment and landscape planting shall be implemented at the supporting towers within the country parks. No more than 40m x 40m of land area at each location of the supporting towers within the country parks shall be affected for the construction of the supporting towers unless the additional land area is for slope stabilization works as agreed by the Director. The Permit Holder shall, no later than one month before the construction of the supporting towers within the country parks, deposit with the Director four hard copies and one electronic copy of the supporting tower proposal showing the detailed design, locations, type(s) and area(s) of habitat loss and visual and landscape mitigation measures. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) and the application document for variation of an environmental permit (Application No. VEP-139/2004) to mitigate environmental impacts of ecology, visual, landscape and water quality.
Delivery of Construction Materials
2.8 To avoid or minimize ecological, visual and landscape impacts on the country parks, no temporary aerial ropeway for carrying materials for or materials arising from the construction of the Project shall be constructed or used. Helicopter or other means as agreed by the Director shall be used to carry materials for or materials arising from the construction of the Project during the construction works within the country parks. The Permit Holder shall, no later than one month before the commencement of construction works within the country parks, deposit with the Director four hard copies and one electronic copy of the detailed proposal showing the methods to carry materials for or materials arising from the construction of the Project during the construction works within the country parks. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) to mitigate environmental impacts of ecology, visual and landscape.
2.9 No haul road and temporary access, except a temporary access which follows the alignment of the emergency rescue trail as shown in Figure 2 and 3 and mentioned in Condition 2.4 of this Permit or additional temporary accesses proposed in the application document for variation of an environmental permit (Application No. VEP-144/2004) as shown in Figure 4 of this Permit, shall be formed for the construction works within the country park. No width of the temporary accesses shall be more than 1.5m except the width of the additional temporary access connecting supporting tower 6 as shown in Figure 4 of this Permit shall not be more than 1m. The existing country park trail used to serve as part of the additional temporary access as shown in Figure 4 of this Permit shall not be widened. The temporary accesses shall be properly designed and constructed to minimize the ecological, visual and landscape impacts. The Permit Holder shall, no later than one month before the commencement of construction works within the country parks, deposit with the Director four hard copies and one electronic copy of temporary access proposal showing the detailed design and alignment of any temporary access to be formed for the construction works within the country parks. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) and the application document for variation of an environmental permit (Application No. VEP-144/2004 to mitigate environmental impacts of ecology, visual and landscape.
Control of Construction Surface Runoff and Wastewater
2.10 Temporary drainage system(s) shall be properly designed, constructed and operated to collect and dispose of the surface runoff and wastewater generated from the construction works to minimize the water quality and ecological impacts. The Permit Holder shall, no later than one month before the commencement of construction works within the country parks and at the Ngong Ping Terminal, deposit with the Director four hard copies and one electronic copy of proposal showing the detailed design, treatment, disposal, management and maintenance of the temporary drainage system(s). Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) to mitigate environmental impacts of water quality and ecology.
3. Submissions or Measures during the Construction of Certain Parts of the Project
Management Organisation of Main Construction Companies
3.1 The Permit Holder shall, within one month after 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.
Measures to Restrict Construction Activities and to Mitigate Ecological Impacts
3.2 No construction works or activities associated with the Project shall be carried out outside the designated works areas colored in Figure 2 to 4 of this Permit. The Project shall be constructed along the cable car route as shown in Figure 1 to 3 of this Permit. No more than one angle station and five supporting towers shall be constructed within the country parks. The Permit Holder shall no later than one month after the completion of construction of the Project, deposit with the Director three sets of as-built drawings showing the Project’s exact location. Before submission to the Director, the drawings shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003), the Project Profile (Register No. PP-193/2003) and the application documents for variation of an environmental permit (Application No. VEP-139/2004and Application No. VEP-144/2004) to avoid or minimise ecological impacts.
3.3 To avoid or minimize ecological impacts due to the construction works within the country parks, a qualified ecologist shall be engaged to conduct detailed survey to ascertain the presence of any rare or protected flora species in the works area. Recommendations by the qualified ecologist to protect the rare or protected flora species shall be fully implemented. The qualification and experience of the qualified ecologist shall be certified by the ET Leader and verified by the IEC. The qualified ecologist shall form part of the ET.
3.4 If the survey as mentioned in Condition 3.3 of this Permit indicates that any rare or protected flora species will be affected by the construction works, then such affected species shall be transplanted to suitable location(s) by the Permit Holder. The Permit Holder shall, no later than one month before commencement of the transplanting works, deposit with the Director four hard copies and one electronic copy of transplantation proposal(s) showing details of locations of plants concerned, type(s) and number of plants to be transplanted, locations of the receptor sites, methodology, implementation programme and post-transplantation monitoring. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003) to mitigate ecological impacts. The transplantation works shall be carried out under the supervision by the qualified ecologist. All measures recommended in the submitted proposal shall be fully and properly implemented by the Permit Holder and any person working on the project throughout the construction period.
3.5 No stream within the country parks shall be modified or diverted by the Project.
3.6 No water from streams or any natural watercourses shall be extracted for the construction of the Project.
3.7 All temporary works area within the country parks shall be reinstated to the original profile upon completion of works. No more than two temporary sheltered places within the country parks for emergency use, rest and storage of construction materials and equipments shall be constructed at the locations shown in Figure 4 of this Permit. No tree shall be felled and no rare or flora species shall be affected for the construction of the temporary sheltered places. Land area of not more than 2m x 5m shall be affected at each temporary sheltered place. All temporary service pipes and temporary sheltered places used during construction shall be removed upon completion of works. All soil nails used in slope stabilization works shall be recessed below ground. All areas affected by the temporary access and temporary sheltered places as shown in Figure 4 of this Permit, temporary service pipes, soil nails and steel wire mesh netting shall be reinstated and landscaped with vegetation cover upon completion of works.
Measures to Mitigate Water Quality Impact during Construction
3.8 To safeguard water quality of the Water Gathering Grounds and to minimise environmental impacts on the country parks 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.
3.9 To prevent chemicals from reaching the receiving waters, chemical storage areas within the Project site shall be sheltered from rainwater and located outside the country parks unless the chemical storage areas are located at the designated works areas of the supporting towers and the Nei Lak Shan Angle Station as shown in Figure 2 and 3 of this Permit and are properly located, designed, constructed and operated in accordance with the information and recommendations contained in the application document for variation of an environmental permit (Application No. VEP-144/2004) to prevent leakage and spillage and to avoid or minimize ecological impact. Use of chemicals including pesticides, fertilizers, disinfectants, deodourants and insecticides within the Water Gathering Grounds shall not be allowed unless otherwise agreed by the Director.
3.10 No concrete batching planting, site canteen or maintenance workshop shall be erected within the country parks.
3.11 No more than 800 litres in total of oil, fuel, chemical or chemical waste shall be stored at each chemical storage area within the country parks.
3.12 An emergency plan detailing the emergency response procedures to deal with accidental chemical leakage and spillage during construction shall be developed and implemented when such instance or circumstance occurs. The emergency plan shall include procedures for spill prevention and precaution, and detailed action plan listing out the responsibilities and actions of all related personnel. The Permit Holder shall deposit the emergency plan with the Director no later than one month before the commencement of the construction works within the country parks and at the Ngong Ping Terminal.
Measures to Mitigate Visual Impact and Submissions of the Landscape Plan
3.13 At least one month before commencement of the landscape works for the works within the country parks, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of the landscape plan prepared for the Project. The landscape plan shall include the locations, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures. The measures shall include landscape and compensatory planting, sensitive design of emergency rescue trail, architectural and chromatic treatments of supporting towers and Nei Lak Shan Angle Station within the country parks and grassy surface treatment of helicopter touch down points for emergency rescue. Planting of about 2 hectare of native shrub and woodland species shall be implemented to compensate the loss of shrubland and woodland during construction. The compensatory planting shall be carried out in accordance with the recommendations and under the supervision by the qualified ecologist as mentioned in Condition 3.3 of this Permit. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report (Register No. AEIAR-074/2003).
Submission of the Waste Management Plan (WMP)
3.14 No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in the environmentally sensitive areas including the country parks, the Ngong Ping Site of Special Scientific Interest, the Lantau Peak Special Area & Site of Special Scientific Interest and the conservation area at Ngong Ping.
3.15 Excavated materials or materials alike arising from the Project shall be reused in the Project site. No such surplus material shall be disposed of anywhere except the public filling area at Tung Chung Development Phase 3A or the public fill stockpiling area at Mui Wo. Construction waste which cannot be reused in the Project site shall properly be disposed of at the designated waste disposal facilities as specified in the Waste Disposal Ordinance (Cap. 354) or other location(s) as agreed with the Director.
3.16 The Permit Holder shall, no later than one month after the commencement of construction of the Project, deposit with the Director three hard copies and one electronic copy of a Waste Management Plan (WMP) for the construction stage of the Project. The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-074/2003). The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste and excavated material to be generated from the construction activities and shall include the recommended mitigation measures on waste management in Section 6.8 of the approved EIA Report (Register No. AEIAR-074/2003). The WMP shall indicate the disposal location(s) of all surplus excavated materials and wastes. A trip ticket system shall be included in the WMP. Surplus excavated materials and wastes shall only be disposed of at designated disposal locations unless otherwise approved by the Director. All measures recommended in the WMP shall be fully and properly implemented by the Permit Holder and any person working on the project throughout the construction period.
4. Measures for the Operation of the Project
4.1 No washing of gondolas shall be carried out within the country parks or at the Ngong Ping Terminal. Washing of gondolas shall be carried out at the Tung Chung Terminal.
4.2 No staff toilet facility shall be provided at the supporting towers within the country parks. Staff toilet facility provided at the Nei Lak Shan Angle Station shall be a self-contained composting unit. No wastewater from the toilet shall be disposed of within the country parks. Wastewater from the toilet shall be collected in sealed container and transported for offsite disposal.
4.3 All electrical and mechanical installations within the country parks shall be properly designed, operated and maintained to prevent adverse environmental impacts to the country parks and any land contamination.
4.4 An emergency plan to deal with accidental chemical leakage and spillage during operation shall be developed and implemented when such instance or circumstance occurs.
5. Environmental Monitoring and Audit (EM&A) for the Construction of the Project
5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the updated EM&A Manual approved under Condition 2.3 of this Permit. Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before their implementation.
5.2 Four hard copies and one electronic copy of the Baseline Monitoring Report including a complete photographic record of the works area shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
5.3 Four hard copies and one electronic copy of the monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The monthly EM&A Report shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit levels), the status of submission required under this Permit and the types, quantities and disposal locations of all surplus excavated materials and wastes arising from the Project. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
5.4 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 as set out in the Event/Action Plans, or as agreed by the Director.
5.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
5.6 To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 6.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.
5.7 Records of measurements and remedial actions taken under Condition 5.4 of this Permit shall be logged and kept within 3 working days of the collection of data or completion of remedial action, shall be included in the EM&A Reports and shall be available for inspection on site or as requested by the Director.
6. Electronic Reporting of EM&A Information
6.1 To facilitate public inspection of the EM&A Manual, Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 5.2 and 5.3 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.
6.2 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of the Project. All environmental monitoring results described in Condition 6.1 above and all submissions and all performance test data and results required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable 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.
6.3 The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report and the environmental permit(s) and project profile of the Project. The internet website shall have features capable of : -
(a) providing access to all environmental monitoring data collected since the commencement of work and all submissions under this permit;
(b) searching by date;
(c) searching by types of monitoring data; and
(d) hyperlinks 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 conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, 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 Environmental Impact Assessment Ordinance (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 Project site by the amended permit.
4. A person who assumes the 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 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 Project 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 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.
Environmental Permit No.: EP-177/2003/B
環境許可證編號EP-177/2003/B
Appendix A (as referred to in Condition 3.8)
Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction
(a) Surface Runoff
(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.
(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.
(iii) Silt removal facilities, channels and manholes shall be 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 at all times.
(b) General Construction Activities
(iv) Materials which may cause contamination to the Water Gathering Grounds shall only be stored in the properly designed storage areas to prevent leakage, spillage and release of the materials. On-site storage of construction materials (e.g. aggregates and sand) 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.
(v) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps.
(vi) Soil excavation shall be minimized in rainy seasons. All excavated or filled surfaces shall be protected from erosion.
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Figure 1 | Figure 2 | Figure 3 | Figure 4 | Appendix A