Environmental Permit No.   EP-056/2000/B

環境許可證編號 EP-056/2000/B

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & Section 13

 

環境影響評估條例

(第499章)

第 10 及 第13條

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE

A DESIGNATED PROJECT

 

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A部 (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit (No. EP-056/2000) to KOWLOON-CANTON RAILWAY CORPORATION (the "Permit Holder") on 25 May 2000. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit No. VEP-022/2000/A/EP-056 based on the Application No. VEP-152/2004. The amendments described below, are incorporated into this Environmental Permit (EP-056/2000/B). This Environmental Permit as amended is for the construction and operation of the designated projects described in Part B of this Permit subject to the conditions described in 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 2000 年 5月 25日將環境許可證 (編號 EP-056/2000) 批予九廣鐵路公司 (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-152/2004修訂環境許可證編號 VEP-056/2000/A/EP-056。以下修訂已包含在本環境許可證內  (EP-056/2000/B)。本經修訂的環境許可證作為建造及營辦B部所說明的指定工程項目，但須遵守本許可證C部所說明或附載的條件。

 

This Environmental Permit is based on the documents, approvals and permissions described below:

 

本環境許可證乃依據下列文件、批准及許可條件而簽發 –

 

 

Application No.

申請書編號：

 

 

 VEP-152/2004

 

 

Document in the Register:

登記冊上的文件：

 

 

Hung Hom to Tsim Sha Tsui Extension – Environmental Impact Assessment Study (Register No. AEIAR-033/2000) (4 volumes dated February 2000)

[hereinafter referred to as the “EIA Report”]

The Director’s letter approval of the EIA Report dated 24 May 2000 ref (9) in EP2/G/A/98 Pt. 4

 

東鐵廷伸段：紅磡至尖沙咀段環境評估 (登記冊編號：AEIAR-033/2000) (4卷 2000 年2月) [下稱“環評報告”]

署長已於2000年5月24日 ref (9) in EP2/G/A/98 Pt.4發出批准該環評報告的信。

 

Environmental Permit issued – Permit No.: EP-056/2000 issued on 25 May 2000.

 

已簽發的環境許可證 - 許可證編號: EP-056/2000於2000年5 月25日簽發。

 

Application for Variation of an Environmental Permit No. VEP-022/2000.

[Hereafter referred to as “the Application VEP-022/2000”]

 

申請更改環境許可證編號VEP-022/2000。

[下稱 “申請書編號VEP-022/2000”]

 

Environmental Permit issued – Permit No.: VEP-022/2000/A/EP-056 issued on 25 August 2000.

 

已簽發的環境許可證 - 許可證編號: VEP-022/2000/A/EP-056於2000年8 月25日簽發。

 

Application for Variation of an Environmental Permit No. VEP-152/2004.

[Hereafter referred to as “the Application VEP-152/2004”]

 

申請更改環境許可證編號VEP-152/2004。

[下稱 “申請書編號VEP-152/2004”]

 

 

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

 

Date of Amendments

修訂

日期

 

VEP-022/2000

1 August 2000

Conditions 2.1, 2.2, 2.4, 2.12, 2.19(a), 2.20, 2.26, 3.2, 3.5 and 4.1 of EP-056/2000.

 

25 August 2000

 

2000年

8月1日

 

環境許可證編號EP-056/2000 C部條件第2.1, 2.2, 2.4, 2.12, 2.19(a), 2.20, 2.26, 3.2, 3.5 及 4.1

 

2000年

8月25日

 

VEP-152/2004

13 August 2004

 

Vary Conditions 2.21 and 2.23

 

Add Figures 2, 3 and 4

 

3 September 2004

 

2004年

8月13 日

 

更改第 2.21 及 2.23 項條件

 

加入附圖 2, 3及4

 

2004年

9月3日

 

 

 

 

 

 

 

 

       3 September 2004           

Date

日期

 

                                                   

 

                                    

(Mr. 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:

(hereinafter referred to as the “Permit”)

下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:

 

 

Title of Designated Project

指定工程項目的名稱

 

 

East Rail Extension – Hung Hom to Tsim Sha Tsui [This designated project is hereinafter referred to as “the Project”]

 

東鐵支線：紅磡至尖沙咀段 [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

 

 

Construction and operation of approximately 1.5 km underground railway and its associated station.

 

興建和運作一條長約1.5公里的地底鐵路及有關的火車站。

 

 

Location of Designated Project

指定工程項目的地點

 

Hung Hom, Tsim Sha Tsui and Ho Man Tin.  The location of the project is shown in Figure 1 attached to this Permit.

 

紅磡、尖沙咀及何文田。 圖1顯示工程的位置。

 

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

 

Construction and operation of approximately 1.5 km underground railway, a new East Tsim Sha Tsui Station, a pedestrian subway system linking the new station with MTR Tsim Sha Tsui Station running under Mody Road, Blenheim Avenue, Signal Hill and Middle Road, and a traction substation at Ho Man Tin.  The scope of the project is detailed in section 1.3 of the EIA Report.

 

興建和運作一條長約1.5 公里的地底鐵路、一個新建的尖沙咀東站、  一組連接新火車站與尖沙咀地鐵站並沿麼地道、白蘭軒道、訊號山及中間道而建的行人隧道、及一個位於何文田的變壓站。工程範圍在環評報告1.3節詳細說明。

 

 

 

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 EIAO 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) 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 (Register No. AEIAR-033/2000); other relevant documents in the Register; and the information or mitigation measures described in this Permit, or mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, or mitigation measures to be recommended under on-going surveillance and monitoring activities during all stages of the Project.  Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

 

1.8               All deposited submissions as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director’s comments or otherwise specified by the Director.

 

1.9               All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit.  Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions.  Any non-compliance with the submissions may constitute a contravention of the EIAO.

 

1.10            The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIAO Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection.  For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

 

1.11            The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 4 weeks before the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

 

1.12            All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIAO Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

 

 

2.                  Special Conditions

 

2.1        An Environmental Team (ET) shall be established at least one month before the commencement of construction.  The ET shall be headed by the 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 in Appendix I of the EIA Report, or the approved EM&A Manual submitted and approved under 3.1 of this Permit.  In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions.

 

2.2               An Independent Environmental Checker (IEC) shall be employed at least one month before the commencement of construction of the Project.  The IEC shall have at least 7 years’ experience in EM&A or environmental management.  The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit.  In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

 

2.3               At least 2 weeks before commencement of the construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project in accordance with details as set out in Condition 3.1 of this Permit.

 

2.4               Before the submission of the EM&A Manual required under Condition 2.3 to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.  All measures recommended in the EM&A Manual shall be fully implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual.

 

2.5               The Permit Holder shall set up a Community Liaison Office to receive and respond to complaints or enquiries from the public, the press and television media and community groups.

 

2.6               The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

2.7               Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval within 6 weeks after the commencement of construction of the Project.  The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.  The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in section 9 of the EIA Report.  Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials and disposal location of different categories of waste.  All measures in the approved Waste Management Plan shall be fully implemented throughout the entire construction period.

 

2.8               No rock crushing or on-site concrete batching activity shall be implemented throughout the entire construction period.  No blasting activity shall be conducted except for the construction of the East Tsim Sha Tsui Station (ETS) and the subway under the Signal Hill.

 

Rail Alignment

 

2.9               The underground alignment shall be constructed in accordance with section 1.3 of the EIA Report.  It shall have the ETS station lying close to the Salisbury Road and completely clear of the Signal Hill, with the concourse under the Middle Road Children’s Playground and Wing On Plaza Garden.

 

Avoidance of Cutting Signal Hill

 

2.10            Except for the tunnelling works of the subway, no part of the Signal Hill shall be cut or excavated throughout the entire construction period.

 

            Measures to Mitigate Construction Noise Impacts

 

2.11      As recommended in section 5.2.7 of the EIA Report, all relevant Levels 1, 2, 3 and 4 noise mitigation measures shall be fully implemented throughout the entire construction period for the relevant areas of works.

 

2.12      At least 4 weeks before the commencement of relevant construction works, the Permit Holder shall provide indirect technical remedies (ITR), in the form of upgraded glazing and air-conditioners and in accordance with section 5.2.7.3 and Appendix D4 of the EIA Report, to:

 

(a)        the housing units at Far East Mansion at Middle Road (N4) before the construction works at ETS (Worksite 5A) and Middle Road (Worksite 6); and

 

(b)        the units in the following housing blocks before the construction works at Mody Road and Blenheim Avenue (Worksite 7):

 

(i) Minden House at Minden & Blenheim Avenue (N6);

 

(ii) No. 30 Mody Road (N7);

 

(iii) No. 18 Mody Road (N8);

 

(iv) Peninsula Apartment at Mody Road (N9);

 

(v) Mirador Mansion at Mody Road (N10);

 

(vi) Ocean View Court at Mody Road & Chatham Road (N13 & N14); and

 

(vii) Lyton Building at Mody Road & Chatham Road (N16).

 

2.13      With reference to Condition 2.12, the Permit Holder shall notify the Director, at least 2 weeks before the commencement of the construction of the ETS and/or the subway(s), of the following:

 

(a)        the number of flats which have been equipped with ITR; and

 

(b)        those flats which are eligible but eventually not equipped with ITR and the justifications behind these, and any alternative measures proposed.

         

The submission(s) shall be certified by the ET and verified by the IEC.

 

2.14      During the construction of the subway(s), the following Level 3 noise mitigation measures as recommended in the EIA Report shall be implemented:

 

(a)               a detailed phasing and sequencing of construction activities as specified in Appendix D8 of the EIA Report;

 

(b)               use electrically driven plant as specified in Appendix D2 of the EIA Report;

 

(c)               eliminate mobile generators through the use of temporary mains supply;

 

(d)               use containers to accommodate concrete pumping equipment;

 

(e)        use alternative quieter construction plant;

 

(f)        use shrouds to mitigate noise wherever practicable; and

 

(g)        deck the worksites during excavation and subway box construction.

 

2.15      The reduced plant inventory and the use of quiet plant as specified in Appendix D2 of the EIA Report, or the equivalent combination of plant, shall be adopted for the relevant areas of works.

 

2.16      All Levels 1 & 2 measures described in Annex A to mitigate construction noise impacts shall be fully implemented for the relevant areas of works throughout the entire construction period.

 

2.17    Construction works which affect the Coliseum Podium area shall be suspended when there are performances at the Coliseum.

 

            Measures to Mitigate Operational Noise Impacts

 

2.18      The Permit Holder shall submit to the Director for approval 3 copies of design drawings for the ground borne noise mitigation measures (including the floating slab track) with explanatory statements within one year after commencement of construction.  The drawings shall be certified by the ET and verified by the IEC as conforming to the information and recommendations in section 5.3.2.1 of the EIA Report.  All measures in the drawings shall be fully implemented before the operation of the rail.

 

           

 

            Measures to Mitigate Dust Impacts due to Blasting

 

2.19      The following measures to mitigate the dust impacts due to blasting shall be fully implemented:

 

(a)               blasting works shall be restricted in daytime, and affected sensitive receivers shall be informed of the blasting schedule; and

 

(b)               the blasting operations shall be well managed and appropriate precautions be taken to minimize dust generations through the use of blast nets and canvas covers.

 

            Measures to Mitigate Landscape and Visual Impacts

 

2.20      Within 4 weeks after the commencement of construction of the Project, 5 sets of detailed master landscape drawing(s) shall be submitted to the Director for approval.  The drawing(s) shall show the locations of no less than a total of 1500 trees that will remain within the project boundary.

 

2.21      Trees to be felled, retained and/or transplanted shall be implemented in accordance with the Landscape Masterplans (Revision 8) submitted under Condition 2.20 and Condition 2.22. The Champion Tree No. 251 as identified in section 11.1.3 of the EIA Report shall be protected throughout the entire construction period. 

 

2.22      Within two years after the commencement of construction of the project, 5 sets of layout plans, for the area on top of the proposed ETS showing the compensatory planting of large trees and shrubs, adequate open space(s) and sitting out area(s) to at least equitably replace those lost on the existing Middle Road Children’s Playground and Wing On Plaza, shall be deposited with the Director.

 

2.23a   The compensatory planting and tree transplanting works as recommended in the Landscape Masterplans (Revision 8) submitted under Condition 2.20 and Condition 2.22 shall be fully implemented in three stages as follows:

 

(i)                 Stage 1: all trees to be planted within the project boundary at least 1 week before the Project commences operation, except for those trees to be implemented under the later Stage 2 and Stage 3 as stipulated below;

 

(ii)                Stage 2: 12 number of trees to be planted along the Salisbury Road section of the Salisbury Road Underpass and Associated Road Improvement Works including Middle Road Circulation System project adjacent to Middle Road Children’s Playground, as shown in Figure 2, upon the reinstatement of relevant section of the Salisbury Road surface;

 

(iii)              Stage 3: About 400 number of trees affected by the Public Transport Interchange to be located at the Wing On Plaza Garden under the Transport Link in Tsim Sha Tsui project and its associated works area at Centenary Garden, as shown in Figure 3 and 4, by no later than 12 weeks after the completion of construction of the Public Transport Interchange at Wing On Plaza Garden under the Transport Link in Tsim Sha Tsui project.

 

2.23b    The Permit Holder shall notify the Director in writing:

(i)                 Stage 1: the commencement date of operation of the Project at least 2 weeks before the commencement of operation of the Project;

The Permit Holder shall also notify the Director in writing the dates for the staged completion of the following works:

(ii)                Stage 2: at least 2 weeks before the completion of construction of reinstatement for the section of Salisbury Road Underpass and Associated Road Improvement Works including Middle Road Circulation System project adjacent to Middle Road Children’s Playground;

(iii)              Stage 3: at least 2 weeks before the completion of construction of the Public Transport Interchange at Wing On Plaza Garden and its associated works area at Centenary Garden.

 

2.23c   Five (5) sets of detailed landscape as-built drawing(s) showing the final locations of tree plantings within the project boundary to demonstrate compliance with the Landscape Masterplans (Revision 8) submitted under Condition 2.20 and Condition 2.22 shall be deposited with the Director in accordance with the following staged schedule:

(i)                 Stage 1 tree planting: at least 1 week before the Project commences operation for all trees within the project boundary, except for those to be implemented later during Stage 2 and Stage 3;

(ii)                Stage 2 tree planting: within 1 month after the completion of the reinstatement works for the 12 number of trees to be planted within the area shown in Figure 2;

(iii)              Stage 3: within 3 months after the completion of construction of the Public Transport Interchange at Wing On Plaza Garden for those trees to be planted within the areas shown in Figure 3 and 4;

The final set of as-built submission(s) to be deposited with the Director shall be certified by the ET and verified by the IEC to demonstrate full compliance with Condition 2.20 and Condition 2.22.

 

2.24      All measures described in Annex B to mitigate landscape and visual impacts shall be fully implemented throughout the entire construction period.

 

            Measures to Mitigate Water Quality Impacts during Construction Stage

 

2.25      All measures described in Annexes C and D to mitigate environmental impacts from site run-off shall be fully implemented throughout the entire construction period.

 

            Measures to Mitigate Archaeological/Cultural Heritage Impacts

 

2.26      Within 4 weeks before the commencement of the construction of the ETS or the subway under the Signal Hill, whichever is earlier, the Permit Holder shall complete a condition survey on the historic objects (including buildings and structures) at the Signal Hill.

 

2.27      The following measures to mitigate the potential archaeological / cultural heritage impacts during construction in accordance with section 10.4 of the EIA Report shall be fully implemented:

 

(a)        Prior to commencement of any construction works for the ETS and subways, protective scaffolding with a cover shall be erected around the Signal Hill Tower to mitigate against any unforeseen damage during construction;

 

(b)        To prevent any major movement of the following historic structures, protective scaffolding shall be erected around and/or within the Signal Hill Tower, Old Office and Toilet Block prior to the commencement of construction work;

 

(c)               During construction, structural monitoring techniques shall be applied to all the historic objects on the site, including the Signal Hill Tower, the Pre-World War II Brick Structures, the Battery & Retaining Wall, the Iron Winch, the Bolts & Anchors associated with Hoisting Operation, the Stone Blocks and remains of old structures;

 

(d)               All Signal Hill historic objects as listed in Condition 2.27(c) shall be protected during blasting.  Blasting works shall be restricted, with full controls employed to minimize impacts to areas outside the blasting site;

 

(e)               In order to partially replace the lost of public areas due to the project, the existing disused footpaths on the north slope of the site above Minden Road shall be upgraded and made safe for use by the public; and

 

(f)                The exact specifications for all necessary protective measures for the archaeological/ cultural heritage shall be reported under the EM&A programme.

 

            Measures to Mitigate Land Contamination

 

2.28      At least 10 weeks before the commencement of construction of the Project, the Permit Holder shall submit 3 copies of the Contamination Assessment Report (CAR) to the Director for approval.

 

2.29      The CAR shall include but not limit to an investigation of potentially contaminated land to define the full extent of any soil and/or groundwater contamination as demonstrated through the collection of soil samples from representative boreholes and ground water samples from representative standpipes according to section 8.4.1 of the EIA Report.

 

2.30      If land contamination is confirmed by the findings of the approved CAR as described in Condition 2.29, the Permit Holder shall, at least 6 weeks before the commencement of construction of the project, submit 3 copies of the Remediation Action Plan, to the Director for approval.

 

2.31      All remediation actions recommended in the approved RAP shall be fully implemented.

 

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

 

3.1        At least 2 weeks before the commencement of construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project.  Apart from those stated in Appendix I of the EIA Report, the EM&A Manual shall also contain the necessary remedial measures in the event that the construction noise levels exceed the worst case scenario(s) predicted in the EIA Report. 

 

3.2        At least 2 weeks before the commencement of any construction works along Middle Road and/or Mody Road, the Permit Holder shall set up a continuous noise monitoring mechanism to the satisfaction of the Director. The mechanism shall include a system to report the monitoring results on KCRC’s website within a period of time, to be agreed by the Director, after the relevant noise monitoring data are collected or become available. This system shall be provided throughout the entire construction period. In the event that the measured noise levels exceed the worst case scenario(s) predicted in the EIA report, the Permit Holder shall take immediate action(s) to activate remediation measures following the procedures specified in the EM&A Manual.

 

3.3    Samples and measurements shall be taken in accordance with the requirements in the EM&A Manual by:

 

(a)        conducting baseline monitoring on noise and air quality and a condition survey on the historic objects at the Signal Hill, as set out in the EM&A Manual;

 

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

 

(c)        carrying out remedial actions in accordance with the Event and Action Plan, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and

 

(d)        logging and keeping records of the details of (a) to (c) above for all parameters except for construction noise, within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

 

3.4        All EM&A data submitted under this Permit shall be true, valid and correct.

 

3.5        One hard copy 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.  The Report shall include but without limitation to the details of the baseline background noise and air quality, and a condition survey on the historic objects at Signal Hill as described in Condition 3.3(a).  The submissions shall be certified by the ET Leader and verified by the IEC.  Additional copies of the submission shall be provided upon request from the Director.

 

3.6        One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks from the end of the reporting month.  The submissions shall be certified by the ET Leader and verified by the IEC.  Additional copies of the submission shall be provided upon request from the Director.

 

3.7        The actions described in the Event and Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame set out in the Event and Action Plans, or as agreed by the Director.

 

4.    Electronic Reporting of EM&A Information

 

4.1        To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of monthly EM&A Reports, prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later) unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.5 and 3.6 above.  For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document.  Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made.  All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.  The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.

 

4.2        All environmental monitoring data described in Condition 4.1 above, except for construction noise data described in Condition 3.2, shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.  The Permit Holder shall notify the Director in writing within 6 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed. The internet address and the environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

 

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

 

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

 

(b)               searching by date;

 

(c)               searching by types of monitoring data (air quality, noise and cultural heritage); 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 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.

 

Environmental Permit No. EP-056/2000/B

 

 

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