Environmental Permit No. EP-077/2000/B

Environmental Permit No. EP-077/2000/B

環境許可證編號 EP-077/2000/B

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 & Section 13

環境影響評估條例
(第 499章 )
第 10 及 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/A based on the Application No. VEP-189/2005. The amendments described below, are incorporated into this Environmental Permit (EP-077/2000/B). This Environmental Permit as amended is for the construction and operation of the designated projects described in Part B of this Permit subject to the conditions described in and attached to Part C of this Permit.

根據環境影響評估條例(條例) 第 10條的規定，環境保護署署長 (署長) 於2000 年 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-189/2005 修訂環境許可證編號 EP-077/2000/A 。以下修訂已包含在本環境許可證內 (EP-077/2000/B) 。本經修訂的環境許可證作為建造及營辦 B 部所說明的指定工程項目，但須遵守本許可證 C 部所說明或附載的條件。

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

本環境許可證乃依據下列文件、批准及許可條件而簽發 –

Application No.

申請書編號：

VEP-189/2005

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.
(Register No. AEIAR-016/1999) (2 volumes dated April 1999)
[hereinafter referred to as the "EIA Report"]
The Director's letter approval of the EIA Report dated 26.8.1999 ref (18) in EP2/K1/A/07 Pt.2

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 )
[下稱 "環評報告 "]
署長已於 26.8.1999 ref (18) in EP2/K1/A/07 Pt.2發出批准該環評報告的信。

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”]

Environmental Permit issued – Permit No.: EP-077/2000/A issued on 29 October 2004.

已簽發的環境許可證 - 許可證編號 : EP-077/2000/A 於 2004年 10 月29日簽發。

Application for Variation of an Environmental Permit No. VEP-189/2005.

[Hereafter referred to as “the Application VEP-189/2005”]

申請更改環境許可證編號 VEP-189/2005。

[下稱 “申請書編號 VEP-189/2005”]

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

VEP-189/2005

28 July 2005

Vary Conditions 2.9 and 2.10 in Part C of Environmental Permit No. EP-077/2000/A

22 August 2005

2005年

7月28日

更改環境許可證編號EP-077/2000/A C部第 2.9 及2.10 項條件

2005年

8 月 22 日

22 August 2005
Date
日期

______________________________________
(David COX)
Acting Principal Environmental Protection Officer
for Director of Environmental Protection

環境保護署署長

(署理首席環境保護主任覺碩代行)

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明 )

Hereunder is the description of the designated project mentioned in Part A of this environmental permit:
(hereinafter referred to as the "Permit")

下列為本環境許可證 (下稱 "許可證") A部所提述的指定工程項目的說明 :

Title of Designated Project 指定工程項目的名稱	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 指定工程項目的性質	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 指定工程項目的地點	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) 指定工程項目的規模和範圍	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 )。

PART C (PERMIT CONDITIONS)

1 General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the EIAO (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 the Existing Trees Assessment Schedule in Appendix A of the Application No. VEP-189/2005 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 of the EIA Report and the Existing Trees Assessment Schedule in Appendix A of the Application No. VEP-189/2005 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;

(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/B

環境許可證編號 EP-077/2000/B

Annex A

Measures to Mitigate Landscape and Visual Impacts During Construction

1. At all parts of all works areas and construction sites and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the landscape and visual impact of the construction works:

(a) site works shall be screened by hoardings;

(b) the surface of the hoardings shall be treated in order to enhance their visual interest and harmony with surrounding landscape/townscape;

(d) vegetation within the work site area shall be retained whenever possible;

(e) fences shall be provided around all the low, circular raised planters to ensure that materials and debris will not be dumped on tree roots;

(f) pedestrian routes shall be re-routed away from the work site and through well defined public access wherever possible;

(g) transplanting of existing vegetation shall be carried out under the supervision of a professional landscape architect;

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