Environmental Permit No. EP-167/2003/A
環境許可證編號 EP-167/2003/A
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條及第13條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A
DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section
10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director
of Environmental Protection (the Director) grants this environmental permit
(No. EP-167/2003/) to The Hong Kong and China Gas Company limited (hereinafter
referred to as the “Permit Holder”) on 30 May 2003. Pursuant to Section 13 of the EIAO, the
Director amends the Environmental Permit EP-167/2003 based on the Application No. VEP-161/2004. The amendments described
below are incorporated into this Environmental Permit (EP-167/2003/A). This Environmental
Permit as amended is for the construction and operation of the designated
project described in Part
B of this Permit subject to the conditions specified
in and attached to Part
C of this Permit.
根據《環境影響評估條例》（環評條例）第10條的規定，環境保護署署長（署長）於2003年5月30日將本環境許可證(編號EP-162/2003)批予香港中華煤氣有限公司。根據環評條例第 13條的規定，署長因應申請書編號
VEP-161/2004修訂環境許可證編號 EP-167/2003。下文說明的修訂，已包含在本環境許可證內（編號EP-167/2003/A）。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
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-161/2004 |
|
Document
in the Register : 登記冊上的文件： |
(1) Proposed
Submarine Gas Pipelines from Cheng Tou Jiao Liquefied Natural Gas Receiving
Terminal, Shenzhen to Tai Po Gas Production Plant, Hong Kong (Register No.:
AEIAR-071/2003) -
Environmental Impact Assessment Report (4 March 2003) [Hereinafter
referred to as the “EIA Report”] -
Environmental Impact Assessment Executive Summary (4 March 2003)
[Hereinafter referred to as the “EIA Executive Summary”] -
Environmental Monitoring and Audit Manual (4 March 2003) [Hereinafter
referred to as the “EM&A Manual”] (1) 擬建從深圳秤頭角液化天然氣接收站連接至香港大埔煤氣製造廠之海底輸氣管道(登記冊編號: AEIAR-071/2003) -
環境影響評估報告 (2003年3月4日) [下稱“環評報告”] -
環境影響評估行政摘要 (2003年3月4日) [下稱“環評行政摘要”] -
環境監察及審核手冊 (2003年3月4日) [下稱“環監手冊”] (2) The
Director’s letter of approval of the EIA Report dated 23 April 2003
(Reference: (37) in EP2/G/H/120 II) (2) 署長於2003年4月23日發出批准環評報告的信件 (檔案編號: (37)
in EP2/G/H/120 II) (3) Application documents including all attachments submitted by the
Permit Holder on 2 May 2003 (Application No. AEP-167/2003) (3) 申請文件包括許可證持有人於2003年5月2日提交的所有附件(申請書編號:AEP-167/2003) (4) Environmental
Permit issued – Permit No.: EP-167/2003 issued on 30 May 2003. (4) 已簽發的環境許可證—許可證編號：EP-167/2003於2003年5月30日簽發。 (5) Application for Variation of an Environmental Permit
No. VEP-161/2004. [Hereafter referred to as “the Application VEP-161/2004”] (5) 申請更改環境許可證編號VEP-161/2004。[下稱“申請書編號VEP-161/2004”] |
|
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的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-161/2004 |
30 December 2004
2004年12月30日 |
Vary Figure 1
in Part C of Environmental Permit No. EP-167/2003. |
24 January 2005 2005年1月 24 日 |
|
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|
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Date 日期 |
|
(Elvis
W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for
Director of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
|
PART B (DESCRIPTIONS
OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated project mentioned in Part A of this environmental
permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
|
Title
of Designated Projects 指定工程項目的名稱 |
Proposed Submarine Gas Pipelines from Cheng
Tou Jiao Liquefied Natural Gas Receiving Terminal, Shenzhen to Tai Po Gas
Production Plant, Hong Kong [This designated project
is hereinafter referred to as “the Project”.] 擬建從深圳秤頭角液化天然氣接收站連接至香港大埔煤氣製造廠之海底輸氣管道 [本指定工程項目下稱"工程項目"] |
|
Nature of Designated
Projects |
Submarine gas
pipelines. 海底輸氣管道。 |
|
Location
of Designated Projects 指定工程項目的地點 |
The location of the Project is shown in Figure
1 attached to this Permit. |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction and operation of twin 450mm
diameter submarine gas pipelines of approximately 28.5km in length. The submarine pipelines will be
buried to the seabed mainly by jetting method except that a short section of
pipelines in Mir Bay will be laid after dredging. Engineering backfill will be applied afterwards to the
various sections as indicated in Figure 2 of this Permit. 建造及營辦兩條長約28.5公里，直徑450毫米的海底輸氣管道。輸氣管道主要會用水力噴注法埋於海床，但位於大鵬灣的一小段會用挖掘工程敷設。 各段管道敷設完成後會進行回填工程，如本許可證圖2所示。 |
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 (EIAO) (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), Dumping at
Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute
any ground of defence 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 authorised
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 EIA Ordinance Register
Office.
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 construction site(s) 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 site(s).
1.6
The Permit Holder shall construct
and operate the Project in accordance with the project descriptions 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, EIA Executive
Summary, EM&A Manual (Register No. AEIAR-071/2003), other relevant documents in the EIAO Register Office, 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 ongoing surveillance
and monitoring activities during all stages of the Project. Where recommendations referred to in the
documents of the EIAO Register Office 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 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 as 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
variations 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 (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 respectively 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 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
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). 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.
Measures Before Commencement of Construction of the
Project
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
2.1
An Environmental Team (ET) shall be
established no later than one month before the commencement of construction of
the Project. The ET shall be
headed by an ET Leader. The ET
Leader shall be a person who has at least 7 years' experience in 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 EM&A requirements as contained in the EM&A
Manual. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the findings of the EIA Report and each and
every non-compliance with the recommendations of the EIA Report or this Permit.
This log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report 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 replace the
ET Leader, 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. The ET
shall not be in any way an associated body of the Contractor or the IEC for the
Project.
2.2
The Permit Holder shall employ an Independent Environmental Checker (IEC) no later
than one month before the commencement of construction of the Project. The IEC shall be a person who has at
least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties
defined in the EM&A Manual, 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 contemporaneous
records of the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax
transmission, within 24 hours of receipt of notification from the ET Leader of each
and every occurrence, change of circumstances or non-compliance with the
recommendations of the EIA Report or this
Permit, which might affect the monitoring or control of adverse environmental
impacts. 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 by the Permit Holder 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. The IEC shall not
be in any way an associated body of the Contractor or the ET for the Project.
3.
Submission and Measures During
Construction of the Project
Management Organization of Main Construction Companies
3.1
The Permit Holder shall, within two 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, including
the portion of the pipelines outside the Hong Kong Special Administrative
Region (SAR) boundary. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Construction Methods
3.2
The Project shall be constructed by using the appropriate
installation techniques for the various sections of the pipelines alignment
as described in the EIA Report and as indicated in Figures
1 and 2 of this Permit.
Pilot Test on Jetting Performance
3.3
A pilot test on the jetting technique as
described in Section 3 of the EM&A Manual shall be fully and properly
carried out for the purpose of verifying the water quality modelling
predictions in the EIA Report. The
results of the pilot test shall provide the basis to determine any remedial
actions during the subsequent jetting operation. If the results indicate that the modelling predictions are
being exceeded, remedial action, such as reduction in jetting speed, shall be
taken immediately after the pilot test to ensure that exceedance of the Action
and Limit levels for impact monitoring as defined in the EM&A Manual will
not occur. The remedial action, including
any reduction in jetting speed, shall be certified by the ET Leader and
verified by the IEC as conforming to the predicted environmental performance in
the EIA Report.
Mitigation Measures
3.4
To mitigate
water quality impact arising from the construction works of the Project, the
forward speed of the jetting machine for the construction of pipelines section
between Location A to Location C, as shown in Figure
1 of this Permit, shall not exceed 67.5 metres per hour and 1.08 kilometres
per day; and that for the construction of pipelines section between Location
C to Location G shall not exceed 67.5 metres per hour and 1.62 kilometres
per day.
3.5
Silt curtain
shall be installed as indicated in Figure
3 of this Permit and properly maintained when works are being carried
out at the Tai Po landing point site and the shore approach section, and when
jetting works are being carried out within 2 kilometres from the proposed
landing point at the seawall of the Tai Po Industrial Estate, except during
the pilot test on jetting performance as required in Condition 3.3 above.
Any proposal to modify the length of silt curtain shall be supported
by EM&A results and submitted for the agreement by the Director before
implementation. The environmental
acceptability of such modification shall also be certified by the ET Leader
and verified by the IEC before submission to the Director.
3.6
Trailer
suction hopper dredger shall be used for the dredging works and no more than
one trailer suction hopper dredger shall be allowed to dredge at any one time
along the pipelines route.
3.7
The dredging
rate for construction of the pipelines section from Location D to Location
E, as shown in Figure 1 of this Permit,
shall not exceed 11,880 cubic metre per hour and 38,000 cubic metre per day.
3.8
No
overflow shall be permitted from the trailer suction hopper dredger. The Lean Mixture Overboard System is
only allowed in operation at the beginning and end of the dredging cycle when
the drag head is being lowered and raised.
3.9
The
trailer suction hopper shall be fitted with tight bottom seals and filled to an
appropriate level to ensure that dredged materials do not spill over during
transport to the disposal site.
3.10
Dredging
works and jetting works of the Project shall not be carried out simultaneously.
4.
Environmental Monitoring and Audit (EM&A) Requirements
During Construction Period
4.1
The EM&A programme for the construction of
the Project shall be implemented in accordance with the procedures and
requirements set out in the EM&A Manual. 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 be submitted to the Director for approval.
4.2
Samples, measurements and necessary remedial
actions shall be taken in accordance with the requirements of the EM&A
Manual by:
(a)
conducting baseline environmental monitoring on
water quality and marine ecology;
(b)
conducting impact monitoring on water quality
and marine ecology;
(c)
carrying out remedial actions described in the
Event/Action Plans of the EM&A Manual in accordance with the time frame set
out in the Event/Action Plans, or as agreed by the Director, in case where
specified criteria in the EM&A Manual are exceeded; and
(d)
logging and keeping records of the details of
(a) to (c) above for all parameters in accordance with the time requirements
set out in the EM&A Manual and in any event no later than three 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 to make
available the information for inspection on site.
4.3
All EM&A data submitted under this Permit
shall be true, valid and correct.
4.4
Three hard copies and one electronic copy of
the Baseline Monitoring Report shall be submitted to the Director at least two
weeks before the commencement of construction of the Project. The submission shall be certified by the
ET Leader and verified by the IEC. Additional copies of the submission shall be made available
to the Director upon his request.
4.5
Three hard copies and one electronic copy of
monthly EM&A Report shall be submitted to the Director within two weeks
after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliance
(exceedances) of the environmental quality performance limits (Action and Limit
Levels). The submissions shall be certified
by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the
Director upon request by the Director.
Monitoring of Corals
4.6
The impacts on corals shall be monitored in
accordance with Section 4 of the EM&A Manual when jetting works are being
carried out within the Tolo Channel (between Wong Wan Tsui and Wong Chuk Kok
Tsui) and when dredging works on the Shenzhen side of this Project are being
carried out within 1 kilometre of the Hong Kong SAR boundary.
Consideration of Using Additional Silt Curtain based on EM&A Results
4.7
If the
EM&A results indicate that the elevation of suspended sediment
concentrations caused by the Project at the coral sites, in particular at Fung
Wong Fat, is likely to exceed the Limit Level of 10 mg/L, the installation of
additional silt curtain to protect the corals shall be considered, together
with other potential mitigation measures, under the Event and Action Plan and
implemented accordingly, if found necessary.
5.
Electronic Reporting of EM&A Information
5.1
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 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 as
described in Condition 4 above 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.
5.2
The
Permit Holder shall, within three weeks after the commencement of construction
of the Project, set up a dedicated Internet web site and notify the Director in
writing the Internet address where the environmental monitoring data and
project information is to be placed.
All environmental monitoring data described in Condition 5.1 above shall
be made available to the public via the abovementioned dedicated Internet web
site in the shortest possible time and in any event no later than two weeks
after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director.
5.3
The Internet web site as described in Condition 5.2
above shall enable user-friendly public access to the environmental monitoring
data and project information including the documents (1) to (3) listed in
Part A of this Permit, and this Environmental
Permit. The Internet web site shall have features capable of:
(a)
providing access to all environmental monitoring
data of this Project collected as required under this Permit;
(b)
providing access to all finalized submissions as
required under this Permit;
(c)
searching by date;
(d)
searching by types of monitoring data (water quality
and marine ecology); and
(e)
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 the following notes are for general information only.
2.
If
there is a breach of any condition 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 construction 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 construction 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 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 listed in Part I of 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 Ordinance for details and seek
independent legal advice.
Environmental Permit No. EP-167/2003/A
環境許可證編號 EP-167/2003/A
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