Environmental Permit No.
EP-077/2000/A
環 境 許 可 證 編 號 EP-077/2000/A
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 & Section 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
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-077/2000) to the Highways Department (hereinafter
referred to as the "Permit Holder") on 28.8.00. Pursuant to Section
13 of the Ordinance, the Director amends the Environmental Permit No. EP-077/2000
based on the Application No. VEP-156/2004. The amendments described below,
are incorporated into this Environmental Permit (EP-077/2000/A). 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 8月 28日 將 環境 許 可 證 (編號 EP-077/2000) 批 予 路政 署 (下 稱 "許 可 證 持 有 人") 。 根據條
例
第
13條 的
規
定
，
署
長
因 應 更改環境 許 可 證 的 申 請 編 號 VEP-156/2004
修
訂
環境
許
可
證
編
號
EP-077/2000 。
以 下 修 訂 已 包 含 在 本環境 許 可 證 內 (EP-077/2000/A)
。 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-156/2004 |
|
Document in the Register: 登記冊上的文件： |
EIA for Salisbury Road Underpass and Associated Road
Improvement Works, including Middle Road Circulation System. 梳 士 巴 利 道 隧 道 及 有 關 道 路 改 善 工 程 ﹐ 包 括 中 間 道 交 通 疏 導 系 統 -- 環 境 影 響 評 估 報 告 (登 記 冊 編 號 :AEIAR-016/1999)
(2卷 1999年 4月 ) Environmental
Permit issued – Permit No.: EP-077/2000 issued on 28 August 2000. 已 簽 發 的 環 境 許 可 證 - 許 可 證 編 號 : EP-077/2000 於 2000年8 月28日 簽 發。 Application
for Variation of an Environmental Permit No. VEP-156/2004. [Hereafter
referred to as “the Application VEP-156/2004”] 申 請 更 改 環 境 許 可 證 編 號 VEP-156/2004。 [下 稱 “申 請 書 編 號 VEP-156/2004”] |
|
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-156/2004 |
2 October 2004 |
Vary Condition 2.10 in Part
C of Environmental Permit No. EP-077/2000. |
29 October 2004 |
|
|
2004年 10月2日 |
更改環境 許 可 證 編 號EP-077/2000 C部 第 2.10 項 條 件 |
2004年 10月 29 日 |
|
29 October 2004 |
______________________________________
|
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 |
Salisbury Road Underpass and
Associated Road Improvement Works, including Middle Road Circulation System
[This designated project is hereinafter referred to as "the
Project"] 梳 士 巴 利 道 隧 道 及 有 關 道 路 改 善 工 程 ﹐ 包 括 中 間 道 交 通 疏 導 系 統 [這 指 定 工 程 項 目 下 稱 "工 程 項 目 "] |
|
Nature of Designated Project |
Construction and operation of a
four-lane, 130m underpass and its associated roadworks. 興 建 和 運 作 一 條 四 線 及 130米 長 的 行 車 隧 道 及 有 關 的 道 路 改 善 工 程 。 |
|
Location of Designated Project |
Tsim Sha Tsui. The location of the project
is shown in Figure 1 attached
to this Permit. (Same as Figure 2.1 in the EIA Report). 尖 沙 咀 。 圖 1顯示 工 程 的 位 置 。 (與 環評報 告 圖 2.1相同 )。 |
|
Scale and Scope of Designated Project(s) |
Construction and operation of a
four-lane 130m underpass at the junction of Salisbury Road and Chatham Road,
and widening of Salisbury Road from Shangri-La Hotel to Kowloon Park Drive
(approximately 1.0 km in length). 興 建 和 運 作 一 條 四 線 及 130米 長 的 行 車 隧 道 於 梳 士 巴 利 道 及 漆 咸 道 交 界 ﹐ 及 擴 闊 一 段 由 九 龍 香 格 里 拉 酒 店 至 九 龍 公 園 徑 的 梳 士 巴 利 道 (全 長 約 1千 米 )。 |
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 (Cap.
499) 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-016/1999); 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 and
re-submitted 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 one month 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 of the Project. 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 EIA Report and the approved
EM&A Manual submitted under Condition 2.4 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 under
this Permit.
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 All
submissions for approval and deposition under Sections 2 and 3 of this Permit
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendation contained in the EIA Report before
submission to the Director.
2.4 At least 2
weeks before commencement of the construction of the Project, the Permit Holder
shall submit an EM&A manual for the construction of the Project to the
Director for approval. No construction works shall commence before the Director
has approved the EM&A manual. The EM&A manual approved under this
condition shall hereinafter be referred to as the "EM&A Manual".
2.5 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.
2.6 No rock
crushing, on-site concrete batching or blasting activity shall be carried out
throughout the entire construction period.
2.7 The
underpass shall be constructed in accordance with section 2 of the EIA Report.
The underpass shall provide not more than two traffic lanes in each direction.
Measures to Mitigate Landscape and Visual Impacts
2.8 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 trees within the project boundary.
2.9 The tree
felling plan as recommended in Appendix F of the EIA Report (known as Existing
Trees Assessment Schedule) shall be strictly adhered to.
2.10 The compensatory
planting (4 times the number of trees felled) and tree transplanting works as
recommended in section 8 and Appendix F of the EIA Report shall be fully
implemented. The Permit Holder shall notify the Director in writing the date of
completion of construction of the Project and the date the Project commences
operation at least 2 weeks before the completion of construction of the Project
or the commencement of operation. 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 approved submissions under
Condition 2.8 shall be deposited with the Director within two months after the
completion of construction of the Project or the Project commences operation,
whichever is the sooner.
2.11 All measures described
in Annex A to mitigate landscape and visual
impacts shall be fully implemented throughout the entire construction period.
Measures to Mitigate Construction Waste Impacts
2.12 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 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 6 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.
3.
Environmental
Monitoring and Audit (EM&A) during the Construction Period
3.1 Samples and
measurements shall be taken in accordance with the requirements of the EM&A
Manual submitted under Condition 2.4 of this Permit by:
(a)
conducting baseline air quality monitoring as
set out in the EM&A Manual; and
(b)
conducting
impact monitoring on air quality and construction waste as set out in the
EM&A Manual;
3.2 The
remedial 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(s)
set out in the Event / Action Plan, or as agreed by the Director.
3.3 Records of
the details of Conditions 3.1 and 3.2 above shall be logged and kept, within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and making
the information available 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 one month before the commencement of any construction
works. The Report shall include but without limitation to the details of the
baseline air quality monitoring. Additional copies of the submission shall be
provided to the Director 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 after the end of the reporting month. Additional copies
of the submission shall be provided to the Director upon request from 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 these 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 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.
4.2 All environmental
monitoring data described in Condition 4.1 above 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
relevant 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 and construction waste); and
(d)
hyperlinking 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 the Environment, Transport
and Works, 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-077/2000/A
環
境
許
可
證
編
號
EP-077/2000/A
[ Back to First Page ] / [ Back to Main Index ]