Environmental Permit No. EP-039/2000/E

環境許可證編號  EP-039/2000/E

 

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10&13

 

環境影響評估條例

(499)

10 13

 

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 (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-039/2000) to Kowloon Canton Railway Corporation (hereinafter referred to as the "Permit Holder") on 15 January 2000. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-039/2000/D) based on the Application No. VEP-157/2004. The amendments, described below, are incorporated into this Environmental Permit (EP-039/2000/E). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.

 

根 據 環 境 影 響 評 估 (條 例 ) 10條 的 規 定 ﹐ 環 境 保 護 署 署 長 (署 長 ) 2000 115日 將 環 境 許 可 證 (EP-039/2000) 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-157/2004修 訂 環 境 許 可 證 編 號 EP-039/2000/D。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-039/2000/E)。 本 經 修 訂 的 環 境 許 可 證 作 為 建 造 及 營 辦 本 許 可 證 B 所 說 明 的 指 定 工 程 項 目 , 但 須 遵 守 本 許 可 證 C 所 說 明 或 附 載 的 條 件 。

 

The issue of this amended environmental permit is based on the documents, approvals or permissions described below:

 

本經修訂的環境許可證乃依據下列文件、批准或許可條件而簽發

 

 

Application No.

申請書編號:

 

 

VEP-157/2004

VEP-157/2004


 

 

Document in the Register:

登記冊上的文件:

 

 

Tai Wai to Ma On Shan Extension – Environmental Impact Assessment Study (Register No. AEIAR-028/1999) (3 volumes dated October 1999)

[hereinafter referred to as the “EIA Report”]

 

The Director’s letter approval of the EIA Report dated 15 January 2000 ref () EP2/N1/A/38

 

東鐵延伸段:大圍至馬鞍山段環境評估 (登記冊編號:AEIAR-028/1999)(3199910)

[下稱環評報告”]

署長已於二零零零年一日十五日發出批准該環評報告的信。

 

Environmental Permit issued – Permit No.: EP-039/2000 issued on 15 January 2000.

 

已簽發的環境許可證 — 許可證編號:EP-039/20002000115日簽發。

 

Application for Variation of an Environmental Permit No. VEP-012/2000.  [Hereafter referred to as “the Application VEP-012/2000”]

 

申請更改環境許可證編號VEP-012/2000

[下稱申請書編號VEP-012/2000”]

 

Environmental Permit issued – Permit No.: VEP-012/2000/A/EP-039 issued on 20 April 2000.

 

已簽發的環境許可證 — 許可證編號:VEP-012/2000/A/EP-0392000420日簽發。

 

Application for Variation of an Environmental Permit No. VEP-031/2000.  [Hereafter referred to as “the Application VEP-031/2000”]

 

申請更改環境許可證編號VEP-031/2000

[下稱申請書編號VEP-031/2000”]

 

Environmental Permit issued – Permit No.: VEP-031/2000/B/EP-039 issued on 1 November 2000.

 

已簽發的環境許可證 — 許可證編號:VEP-031/2000/B/EP-0392000111日簽發。

 

Application for Variation of an Environmental Permit No. VEP-057/2001.  [Hereafter referred to as “the Application VEP-057/2001”]

 

申請更改環境許可證編號VEP-057/2001

[下稱申請書編號VEP-057/2001”]

 

 

 

Document in the Register:

登記冊上的文件:

 

 

Environmental Permit issued – Permit No.: EP-039/2000/C issued on 21 December 2001.

 

已簽發的環境許可證 — 許可證編號:EP-039/2000/C20011221日簽發。

 

Application for Variation of an Environmental Permit No. VEP-085/2003.  [Hereafter referred to as “the Application VEP-085/2003”]

 

申請更改環境許可證編號VEP-085/2003

[下稱申請書編號VEP-085/2003”]

 

Environmental Permit issued – Permit No. EP-039/2000/D issued on 13 March 2003.

 

已簽發的環境許可證 — 許可證編號:EP-039/2000/D2003313日簽發。

 

Application for Variation of an Environmental Permit No. VEP-157/2004.  [Hereafter referred to as “the Application VEP-157/2004”]

 

申請更改環境許可證編號VEP-157/2004

[下稱申請書編號VEP-157/2004”]

 

 

 

 

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into this Environmental Permit

已包含在本環境許可證內修訂項目

Date of Amendment

修訂日期

VEP – 012/2000

28 March 2000

 

2000328

Vary Conditions 1.7 and 2.1 and Table 1 in Part C of EP-039/2000

 

更改環境許可證編號 EP-039/2000 C條件第1.72.1 1

 

20 April 2000

 

2000420

VEP – 031/2000

10 October 2000

 

20001010

Vary Conditions 2.1, 2.2, 2.5, 2.6, 2.8, 3.4, 3.5, 3.11, 5.1, 5.3, and 5.4 in Part C of the environmental permit VEP-012/2000/A/EP-039.

 

更改環境許可證編號 VEP-012/2000/A/EP-039 C 2.1, 2.2, 2.5, 2.6, 2.8, 3.4, 3.5, 3.11, 5.1, 5.3 5.4

 

1 November 2000

 

2000111

VEP – 057/2001

28 November 2001

 

20011128

-          Vary Condition 1.7 and Table 1 in Part C of the environmental permit VEP-031/2000/B/EP-039

 

-          Add Condition 1.12 to Part C of the environmental permit VEP-031/2000/B/EP-039 and Conditions 1.12 to 1.15 have been renumbered to Conditions 1.13 to 1.16 accordingly.

 

-          更改環境許可證編號 VEP-031/2000/B/EP-039 C部條 件第1.7 和 表 1

 

-          環境許可證編號VEP-031/2000/B/EP-039 C部加入第1.12項條件,並把條件第1.121.15項重新編號為條件1.131.16

 

21 December 2001

 

20011221

 

VEP-085/2003

 

13 February 2003

 

2003213

 

 

-          Vary Conditions 1.12, 3.4 and Table 1 in Part C of the environmental permit EP-039/2000/C.

 

-          更改環境許可證編號 EP-039/2000/C C部條 件第1.12, 3.4 和 表 1

 

 

 

13 March 2003

 

2003313

VEP-157/2004

21 October2004

 

20041021

 

 

-          Vary Conditions 1.7, 3.3 and Table 1 in Part C and Figures 1 and 2 of the environmental permit EP-039/2000/D.

 

-          更改環境許可證編號 EP-039/2000/D C條 件第1.73.3 , 1,12

 

-          Conditions 1.8 to 1.10 and 1.12 have been renumbered to Conditions 3.14 to 3.17

 

-          把條件第1.81.101.12 項項重新編號為條件3.143.17

 

-          Add Conditions 3.6, 3.7, 3.18, 3.19 and 4.3 to Part C of the environmental permit EP-039/2000/D.

 

-          環境許可證編號EP-039/2000/D C加入第3.6, 3.7, 3.18, 3.19 4.3 項條件

 

-          Add Tables 2 to 5 to Part C and Figures 14 to 31 to the environmental permit EP-039/2000/D

 

-          環境許可證編號EP-039/2000/D C部加入 2 51431

 

16 November 2004

 

 

 

 

 

 

16 November 2004

 

                       

Date

 

(Simon HUI)

Acting Assistant Director of Environmental Protection

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

(環境保護署助理署長(環境評估及噪音)許一鳴代行)


PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in Part A of this environmental permit :

下列為本環境許可證A部所提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 Extensions – Tai Wai to Ma On Shan [This designated project is hereinafter referred to as “the Project”]

 

東鐵延伸段:大圍至馬鞍山 [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 11.4 km of railway and its associated stations.

 

建造和營運一條長約11.4公里的鐵路及相關的火車站。

 

 

Location of Designated Project

指定工程項目的地點

 

From Tai Wai in Sha Tin to Lee On in Ma On Shan.  Figure 2.1a of the EIA Report, and Figures 1.2d and 1.2e of the Application VEP-012/2000 show the locations of the works.

 

由沙田大圍至馬鞍山利安,環評報告的圖2.1a2.1b和申請書編號VEP-012/2000 1.2d1.2e 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 11.4 km of railway, nine new stations (at Tai Wai, Sha Tin Tau, Sha Kok Street, City One, Shek Mun, Chevalier Garden, Heng On, Ma On Shan and Lee On), a depot at Tai Wai, and two infeed substations.

 

建造和營運一條長約11.4公里的鐵路、九個新建火車站 (分別設於大圍、沙田頭、沙角街、第一城、石門、富安花園、恆安、馬鞍山及利安)、一個位於大圍的車廠和兩個變壓站。

 


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 Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.

 

1.2              The Permit Holder shall ensure full compliance with all legislation currently in force such as the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and others.  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 the permit readily available at all times for inspection by the Director 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 site at the 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 environmental 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.

 

1.6       The Project shall be constructed and operated 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 all recommendations described in the EIA Report (Register No. AEIAR-028/1999); other relevant documents in the Register, the information and mitigation measures described in this Permit; and 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 ongoing 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, unless 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).

 

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          The Permit Holder shall notify the Director the commencement date of construction of the Project at least 2 weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.

 

 

2.                  Submissions or Measures before Commencement of Construction of the Project or Certain Sections of the Project

 

2.1              An Environmental Team (ET) shall be established before commencement of construction.  The ET leader shall be responsible for the implementation of the environmental monitoring and audit (EM&A) programme in accordance with the EM&A requirements as contained in the approved EM&A Manual as submitted under Condition 2.3 below.

 

2.2              The Permit Holder shall employ an Independent Environmental Checker (IEC) 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 be responsible for duties defined in the approved EM&A Manual, and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission 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       The Permit Holder shall submit an EM&A Manual in accordance with Annex 21 of the Technical Memorandum of the Environmental Impact Assessment Ordinance for the Project to the Director for approval at least 12 weeks before commencement of any construction work.  The EM&A Manual shall include an enhanced EM&A programme taking into account public comments forwarded to the Director during the period of public inspection under the EIAO. The enhanced programme shall also include construction noise monitoring at, among other locations, the proposed health and welfare building in Area 90B in Ma On Shan, Chinese YMCA College in Ma On Shan, and Monte Vista at Lee On, where the monitoring frequencies shall be double that of other locations.  No construction work shall commence without the approval of the EM&A Manual.

 

2.4              At least 4 weeks before commencement of any works at Lee On Station (east of Lee On Estate) of the Project, the Permit Holder shall submit 20 copies of a review document to the Director for approval.  The document shall include proposed measures to further minimize the construction noise impact, but in no circumstances construction noise impact be worse than the predictions made in Technical Annex E and Table 4.4bb of the EIA Report.  No such works shall commence before the approval of the document.

 

2.5              No more than 6 months after commencement of construction of the Project, the Permit Holder shall submit to the Director for approval 3 sets of landscape plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director.  The drawings shall show the detailed landscape proposals during the construction and operation stages of the Project, and shall include an implementation programme of landscape works.  The submission shall be verified by the IEC as conforming to the information and recommendations contained in the EIA Report.  Additional copies may be required by the Director.  All measures recommended in the approved landscape plan(s) shall be fully implemented in accordance with the details and time schedule set out in the submission.

 

2.6              For each construction contract of TCC200, TCC300, TCC400, and TCC500 as described in Section 2.5 of the EIA Report, the Permit Holder shall submit 3 sets of Waste Management Plan (WMP) to the Director for approval at least 4 weeks before the commencement of any construction works within the respective construction contract.  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 take into account the recommended mitigation measures in Section 6.5 of the EIA Report.  Such a management plan shall incorporate site specific factors, such as the designation of areas for segregation and temporary storage of reusable and recyclable materials.  All measures in the approved Waste Management Plan shall be fully implemented throughout the construction period.

 

2.7              At least 4 weeks before the commencement of site investigation of contaminated land, the Permit Holder shall submit to the Director for approval 3 copies of the updated Contamination Assessment Plan (CAP), based on Annex C of the EIA Report, with the exact sampling locations and testing parameters.  If land contamination is confirmed, the Permit Holder shall submit to the Director for approval 3 copies of a Remediation Assessment Plan (RAP) including a Contamination Assessment Report (CAR).  All remediation actions in the approved RAP shall be fully implemented.

 

2.8              At least four weeks before the commencement of construction of viaduct sections of the Project, the Permit Holder shall submit to the Director for approval 3 copies of design drawings for the Multi-plenum System to be used on all viaduct sections of the Project, with explanatory statements.  The drawings shall be verified by the IEC as conforming to the findings and recommendations of the EIA Report.  The Multi-plenum System shall include the following principal mitigation measures:

 

-         track mounted on a soft baseplate upon a floating mini slab, to reduce vibration transmission to the viaduct structure;

-         a system of sound-absorptively lined cascading plena comprising an under vehicle plenum created with vehicle skirts and under walkway plena on either side of the viaduct – for twin viaducts, an additional central plenum is created with a capped central wall; and

-         an edge wall provided for walkway safety which may be increased in height with additive noise barriers to further reduce airborne noise levels.

 

3.                  Submissions or Measures during the Construction Period

 

3.1              All designs and measures described in the approved submissions under Conditions 2.4 to 2.7 shall be fully implemented.

 

3.2              Prior to the operation of the Project, the Project shall be constructed with the Multi-plenum System as described in Condition 2.8 and the approved drawings under that condition.

 

3.3              Prior to the operation of the Project, the noise barriers and enclosures shall be constructed as described in Figures 1 to 10, and Figures 14 to 20 and Table 1 as attached to this permit.

 

3.4              Prior to the operation of the Project, the Permit Holder shall submit to the Director for approval 3 copies of a performance test proposal to illustrate that the operation of the 8-car electric train of the Project would meet the specification of maximum level (Lmax) not exceeding 82.1 dB(A) at 100kph, measured from a distance of 25m, on at-grade ballasted tracks and without under vehicle plenum.  The performance test proposal shall be verified by the IEC.

 

3.5              Prior to the operation of the Project, the Permit Holder shall deposit with the Director a report, on the basis of Condition 3.4.  The performance test report shall be verified by the IEC.

 

3.6              Prior to the operation of the Project, the additional noise mitigation measures in the form of rail noise absorbers adjacent to the rails, sound absorption panels above the derailment constraints and walkway extensions of both wayside and trackside with details as shown in Figure 21 shall be implemented at the locations as specified in Table 2 and Table 3 and Figures 22 to 25 as attached to this permit.

 

3.7              Prior to the operation of the Project, the 2m high visual barriers shall be installed on top of the viaduct parapet walls at the locations as specified in Table 4 and Figures 26 to 29 as attached to this permit.

 

3.8              Throughout the construction period, preventive measures as described in Section 11.14 of the EIA Report shall be implemented to minimize the hazard to the public due to the construction works near the gas pipelines.

 

3.9              Measures described in Appendix A to mitigate environmental impacts from site run-off and dredging shall be fully implemented throughout the construction period.

 

3.10          Measures described in Appendix B to mitigate environmental impacts from construction noise shall be fully implemented throughout the construction period.

 

3.11          Measures described in Appendix C to mitigate environmental impacts from waste generation shall be fully implemented throughout the construction period.

 

3.12          Measures described in Appendix D to mitigate landscape and visual impacts shall be fully implemented throughout the construction period.

 

3.13          Any change to environmental mitigation measures shall be verified by the IEC as conforming to the information and recommendations contained in the EIA Report before implementation.  The verified changes shall be documented in the immediately following monthly EM&A report as required under the approved EM&A Manual submitted under Condition 2.3.

 

3.14          The depot at Tai Wai shall be semi-enclosed with openings only directly facing the East Rail, and the depot shall be designed, constructed and operated in accordance with other textural information and recommendations in the Application VEP-012/2000.

 

3.15          Additional worksites shall be in accordance with Figures 1.2d and 1.2e of the Application VEP-012/2000, the textural information and recommendations in the Application VEP-012/2000.

 

3.16          The alignment of the Project near Man Lai Court shall be in accordance with the information and recommendations in the Application VEP-012/2000.

 

3.17          The noise mitigation measures for the section between the City One Station and Shek Mun Station, shall be in accordance with Table 1 and Figure 4 of this Permit and the information and recommendations in the Application VEP-057/2001 and the Application VEP-085/2003.

 

3.18          The track alignment of the Project in the vicinity of the depot of Tai Wai shall be in accordance with Figures 1 and 2 of this Permit and the information and recommendations in the Application VEP-157/2004.

 

3.19          The nominal vertical gap width between the vehicle skirt and the derailment constraint shall be 300mm as provided in the Application VEP-157/2004.

 

 

4.                  Submissions or Measures during the Operation of the Project

 

4.1        Measures described in Conditions 3.2, 3.3, 3.6 and 3.7 above shall be in place and maintained during the operation of the Project.

 

4.2              During operation of the Project, the Permit Holder shall implement the measures in Appendix E to control run-off.

 

4.3              Prior to the full operation of 8-car trains of the Project, the noise enclosure as shown in Table 5 and Figures 30 to 31 as attached to this permit shall be installed and maintained during the operation of the Project.

 

 

5.         Environmental Monitoring and Audit

 

5.1          The enhanced EM&A programme shall be implemented as set out in the approved EM&A Manual submitted under Condition 2.3.  Any change to the enhanced EM&A programme shall be justified by the IEC as conforming to the requirements set out in the approved EM&A Manual before submission to the Director for approval.

 

5.2           Samples and measurements for air quality, water quality, and noise, shall be taken in accordance with the requirements of the approved EM&A Manual by:

 

a)                  conducting baseline monitoring on air quality, water quality, and noise, as set out in the approved EM&A Manual;

 

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

 

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

 

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

 

5.3       One hard copy of the Baseline Monitoring Report as required under the approved EM&A Manual shall be verified by the IEC and shall be submitted to the Director 4 weeks before the commencement of any major construction works that would affect the monitoring results.  Additional copies of the Baseline Monitoring Report may be required by the Director.

 

5.4       One hard copy of monthly EM&A Reports as required under the approved EM&A Manual shall be verified by the IEC and shall be submitted to the Director within 10 working days from the end of the reporting month.  Additional copies of the monthly EM&A Reports may be required by the Director.

 

5.5       To enable the 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, shall be submitted at the same time as the hard copies as described in Conditions 5.3 and 5.4.  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.

 

5.6       All environmental monitoring and audit data submitted under this permit shall be true and correct. The true extent of the environmental impacts shall be presented in the monthly EM&A Reports and in the monitoring data as described in Condition 5.7 of the permit.

 

5.7       All environmental monitoring data as described in Condition 5.2 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. The Permit Holder shall notify the Director in writing within 2 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.

 

5.8       The internet website as described in Condition 5.7 above shall enable user friendly public access to the monitoring data and with features capable of:

 

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

(b)   searching by data;

(c)    searching by types of monitoring data (air quality, water quality and noise); and

(d)   hyperlinks to relevant monitoring data after searching;

 

            or otherwise as agreed by the Director.

 

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

 

 

Notes:

 

1.        This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

 

2.        The permit holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this environmental 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 with the consent of the Secretary for the Environment and Food, may suspend, vary of cancel this environmental permit.  The permit shall be removed from the display on the construction site.

 

5.        If this permit is cancelled or surrendered during the construction or operation, an environmental permit must be obtained under the Ordinance before the construction or operation of the project could be continued.  It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.

 

6.        All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

 

Any person who constructs or operates the designated project contrary to the conditions in this  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.

 

 

Environmental Permit No. EP-039/2000/E

環境許可證編號  EP-039/2000/E


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