Environmental Permit No. EP-177/2003/C
環境許可證編號 EP-177/2003/C
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/B)
based on the Application No. VEP-154/2004. The amendments, described below,
are incorporated into this Environmental Permit (No. EP-177/2003/C). 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-154/2004 修訂環境許可證編號 EP-177/2003/B。下文說明的修訂，已包含在本環境許可證內 (EP-177/2003/C)。 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 :
|
Application No.: |
VEP-154/2004 |
|
Document
in the Register : 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) 10.
Environmental Permit
issued on 7 July 2004 (Permit No. EP-177/2003/B) 於二ＯＯ四年七月七日發出的環境許可證 (許可證編號 EP-177/2003/B) 11.
Application document
for Variation of an Environmental Permit submitted by the Permit Holder on 2 September
2004. (Application No. VEP-154/2004) 許可證持有人於二ＯＯ四年九月二日提交的更改環境許可證申請文件(申請書編號VEP-154/2004) |
|
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- 139/2004 |
6 May 2004 2004年5月6日 |
(2)
Vary Conditions 1.7, 2.7, 3.2 and 3.7
in Part C. (2) 更改C部的第1.7、2.7、3.2及3.7項條件。 |
1 June 2004 2004年6月1日 |
|
VEP- 144/2004 |
8 June 2004 2004年6月8日 |
(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. (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)。 |
7 July
2004 2004年7月7日 |
|
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- 154/2004 |
2 September 2004 2004年9月2日 |
(2)
Vary Conditions 1.7, 3.2 and 3.7 in Part
C.
(2)
更改C部的第1.7、3.2及3.7項條件。 |
30 September 2004 2004年9月30日 |
|
30 September
2004 2004年9月30日 |
|
|
|
|
Date 日期 |
|
(Elvis W. K. AU) |
|
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
Aof 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 |
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”) |
|
Nature of Designated Project 指定工程項目的性質 |
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 |
|
Location of Designated Project 指定工程項目的地點 |
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. |
|
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 |
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 Bof 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,
Application No. VEP-144/2004 and Application No. VEP-154/2004) 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-139/2004,
Application No. VEP-144/2004 and Application No. VEP-154/2004) 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 more than 0.15ha of additional land area at the Nei
Lak Shan Angle Station as shown in Figure
3 of the Permit shall be affected for temporary storage of excavated materials,
construction materials and construction equipments. No tree shall be felled
and no rare or flora species shall be affected for the construction of the
temporary sheltered places and the use of the temporary storage area at the
Nei Lak Shan Angle Station. 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, temporary sheltered
places as shown in Figure 4
of this Permit and temporary storage area as shown in Figure
3 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/C
環境許可證編號EP-177/2003/C
Figure 1 | Figure 2 | Figure 3 | Figure 4
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