Environmental Permit No. EP-01-059/2000/B
環境許可證編號 EP-01-059/2000/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10，12及13條
ENVIRONMENTAL PERMIT
TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部(許可證主要部分)
Pursuant to sections 10 &
12 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director
of Environmental Protection (the Director) granted the Further Environmental
Permit (FEP-01/059/2000) to the
Hongkong International Theme Parks Limited (the “Permit Holder”) on
21 July 2000. Pursuant to section 13 of the Ordinance, the Director amends
the Environmental Permit (EP-01/059/2000/A) based on the Application No. VEP-198/2005.
The amendments, described below, are incorporated into this Environmental
Permit (EP-01/059/2000/B). This Environmental Permit as amended is for the
construction and operation of the part of a designated project described in
Part B of this Permit subject to the conditions described
in or attached in Part C of this Permit.
根據環境影響評估條例（條例）第10條及12條的規定，環境保護署署長(署長) 於2000年7月21日將新的環境許可證(編號FEP-01/059/2000)批予the Hong Kong International Theme
Parks Limited (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-198/2005 修訂環境許可證編號EP-01/059/2000/A。以下修訂已包含在本環境許可證(編號EP-01/059/2000/B)內。本經修訂的環境許可證可作為建造及營辦本許可證B部所說明的指定工程項目部分，但須遵守C部所指明或附載的條件。
The
issue of this environmental permit is based on the documents, approvals or
permissions described below:
本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
Application No. 申請書編號 |
VEP-198/2005 |
|
Document in the Register: 登記冊上的文件： |
Environmental Impact Assessment – Construction of an
- Final EIA Report - Annex (Volume 1) - Annex (Volume 2) - Annex (Volume 3) - Executive Summary (Register No.: AEIAR-032/2000) [Hereinafter referred
to as the EIA Report] 北大嶼山竹篙灣國際主題公園及有關主要基礎設施建造工程 - 環境影響評估: -
最終環境影響評估報告 -
附件 (第一冊) -
附件 (第二冊) -
附件 (第三冊) -
摘 要 (登記冊編號: AEIAR-032/2000) [下稱”環評報告”] The Director’s letter of approval of the EIA Report
dated 28 April 2000, ref: (53) in Annex (3) to EP2/N9/O/65 III. 環境保護署署長於2000年4月28日發出批准環評報告的信件 (檔案編號: (53) in Annex
(3) to EP2/N9/O/65 III) Application of variation of environmental permit
(Application No. VEP-017/2000) including all application documents submitted
by the Civil Engineering Department on 6 July 2000 申請更改環境許可證(申請書編號VEP-017/2000)包括土木工程署於2000年7月6日提交的所有申請文件 Environmental Permit The Penny’s 於2000年7月8日發出的環境許可證 大嶼山竹篙灣遊覽大道(登記冊編號VEP-17/2000/A/EP-058) Application of variation of environmental permit
(Application No. VEP-086/2003) including all application documents submitted
by the Civil Engineering Department on 27 February 2003 申請更改環境許可證(申請書編號VEP-086/2003)包括土木工程署於2003年2月27日提交的所有申請文件 Environmental Permit The Penny’s Bay Reclamation, Lantau (Register No. EP-054/2000/D)
issued on 6 March 2003 於2003年3月6日發出的環境許可證 大嶼山竹篙灣填海工程(登記冊編號EP-054/2000/D) Application documents including all annexes and
attachments submitted by the Permit Holder on 14 July 2000 (Application No.
FEP-029/2000) 許可證持有人於2000年7月14日提交申請文件包括所有附件(申請書編號：FEP-029/2000) Further Environmental Permit No. FEP-01/059/2000
issued on 21 July 2000; 於2000 年 7 月 21 日發出的新的環境許可證 (許可證編號 FEP-01/059/2000); Application for Variation of Environmental Permit
(Application No. VEP-178/2005) including all application documents submitted on
3 June 2005 申請更改環境許可證(申請書編號VEP-178/2005)包括於2005年6月3日提交的所有申請文件 Application for Variation of Environmental Permit
(Application No. VEP-198/2005) including all application documents submitted on
21 September 2005 申請更改環境許可證(申請書編號VEP-198/2005)包括於2005年9月21日提交的所有申請文件 |
|
Application No. 申請編號 |
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 Amendments 修訂日期 |
|
VEP-178/2005 |
3 June 2005 2005年6月3日 |
Vary condition 3.10 in Part C of Further Environmental Permit No. FEP-01/059/2000 更改新的環境許可證編號 (FEP-01/059/2000) C部第3.10項條件 |
28 June 2005 2005年6月28日 |
|
VEP-198/2005 |
21 September 2005 2005年9月21日 |
Vary condition 3.16 in Part
C of Environmental Permit No. EP-01/059/2000/A |
19 October 2005 2005年10月19日 |
|
19 October 2005 |
|
|
|
|
Date 日期 |
|
(Simon Y. M. HUI) Principal Environmental Protection Officer (Regional Assessment) for Director of Environmental Protection 環境保護署署長 （首席環境保護主任（區域評估）許一鳴代行） |
|
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 |
The
Theme Park at Penny’s Bay, Lantau [This designated project
is hereinafter referred to as “the Project”] 位於大嶼山竹篙灣的主題公園[本指定工程項目下稱“工程項目”] |
|
Nature of Designated
Project |
Construction and operation
of a theme park with an area of about 180 ha. 建造及營辦一個面積約180公頃的主題公園 |
|
Location
of Designated Project 指定工程項目的地點 |
Penny’s
Bay, Lantau. 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 |
Development
of a theme park of about 180 ha. The
detailed scale and scope of the Project are described in Section 2.2.1 of the
EIA Report. [Note:
This Permit does not cover any reclamation works for the Project. The
reclamation works for the Project are covered in another Environmental Permit
No.EP-059/2000/D. This Permit
does not cover any works included within the Environmental Permit No.
VEP-017/2000/A/EP-058 for the Penny’s 發展一個面積約為180公頃的主題公園。 有關工程項目的詳細規模和範圍已在環評報告中第2.2.1節中說明。 [註: 本環境許可証並不包括相關的填海工程。有關的填海工程已包括在另一份環境許可証編號EP-059/2000/D之內。 本許可證不包括環境許可證編號VEP-017/2000/A/EP-058竹篙灣遊覽大道及環境許可證編號EP-060/2000竹篙灣東部排水渠所涵蓋的工程。] |
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 and may become
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 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 defense against any proceedings
instituted under any legislation.
1.3
The
noise due to firework displays within the Theme Park shall be controlled under
the Noise Control Ordinance.
1.4
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 or his authorized
officers at all sites/offices covered by this Permit. Any reference to the Permit shall include
all documents referred to in the Permit and also the relevant documents in
the Register.
1.5
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.
1.6
The
Permit Holder shall display a copy of this Permit on the construction site at all
vehicular site entrances/exits or at a convenient location for public’s
information at all times. The
Permit Holder shall ensure that the most updated information about the Permit,
including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or
the whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied
or cancelled Permit shall be removed from display at the construction site.
1.7
The Permit Holder shall construct
and operate the Project as described in Part B of this
Permit.
1.8
The Permit Holder shall ensure
that the Project is designed, constructed and operated in accordance with
the EIA Report (Register No. AEIAR-032/2000); 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,
or unless otherwise stated in the application documents referred to in Part
A of this Permit, or unless otherwise stated in submissions approved by
the Director, deposited without comments by the Director, or submissions rectified
in accordance with comments by the Director under this Permit.
1.9
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 or otherwise specified by the Director.
1.10
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.
1.11
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.
1.12
The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than 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.
1.13
All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy
Road, Wanchai, Hong Kong).
2.
Submissions or Measures for the
Construction of the Project
2.1
An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of construction of the Project.
The IEC shall have at least 7 years’ experience in environmental monitoring and
audit (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 and
certifying the environmental acceptability of permanent and temporary works,
relevant design plans and submissions under this Permit.
2.2
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of construction of the Project. The ET shall
be supervised by the ET Leader who has at least 7 years’ experience in 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 approved EM&A Manual submitted and
approved under Condition 2.3 of this Permit.
2.3
No
later than two weeks before commencement of the construction of the Project,
the Permit Holder shall submit for the Director’s approval an Environmental
Monitoring and Audit (EM&A) Manual for the construction of the Project.
Before the submission to the Director, the EM&A Manual shall be certified
by the ET Leader and verified by the IEC as having regard to Annex N of the EIA
Report. All measures recommended in the approved EM&A Manual shall be fully
and properly implemented in accordance with the requirements and time
schedule(s) set out in the EM&A Manual. The EM&A Manual approved under
this condition shall hereinafter be referred to as the “EM&A Manual”.
2.4
Three
sets of Waste Management Plan for the construction stage of the Project shall
be submitted to the Director for approval within 4 weeks after the commencement
of construction of the Project. The Plan shall be certified by the ET leader
and verified by the IEC as having regard to the information and recommendations
contained in the EIA Report. 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
construction waste management in Section 6.7 and Section 16 of the EIA Report.
Such a management plan shall include 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.
2.5
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.
Measures to Mitigate Water Quality and Marine Ecological Impacts during
Construction
2.6
All
fuel tanks and chemical storage areas within the Project shall be provided with
locks and be sited on sealed areas.
The storage areas shall be sheltered from rain water and surrounded by
bunds with a minimum capacity of 110% of the storage capacity of the largest
tank to prevent spilled oil, fuel and chemicals from reaching the receiving
waters. Guidelines and procedures
shall be prepared and implemented for immediate clean-up actions following any
spillages of oil, fuel or chemicals, and shall be certified by the IEC and
deposited with the Director within 2 months after the commencement of
construction.
2.7
No
underwater blasting shall be allowed.
2.8
No
underwater percussive piling shall be allowed.
2.9
To
mitigate environmental impacts due to site runoff and other potential water
pollution caused by construction activities, mitigation measures described in
Appendix A shall be implemented throughout the construction period.
Measures to Mitigate Terrestrial Ecological Impacts during Construction
2.10
To avoid disturbance to the
2.11
No construction activities,
including transportation of equipment, shall be allowed at Pa Tau Kwu headland
as shown in Figure 2 attached to this
Permit.
2.12
Natural coastline along the
western side of the Western Drainage Channel as shown in Figure2
attached to this Permit shall be protected and preserved at all time during
construction. No discharges of surface run-off or any effluent or disposal
of any construction materials shall be allowed into the Western Drainage Channel.
No construction activity shall be carried out in the immediate vicinity of
the coastline along the western side of the Western Drainage Channel.
Other Measures during Construction
2.13
To
reduce the quantity of construction and demolition wastes, wood hoarding shall
not be used.
2.14
No
part of any fender of any ferry pier shall be made of wood.
2.15
The speed of construction
ferries and vessels shall not exceed 10 knots when passing through an area
within 500 metres from the reclamation limit as shown in Figure
3 attached to this Permit.
2.16
All
mitigation measures as described in the EM&A Manual and the submissions
required under this Permit, shall be properly constructed and implemented.
3.
Submissions or Measures for the
Operation of the Project
3.1
Before
the operation of the Project, the Permit Holder shall carry out trial firework
displays and associated air quality and noise monitoring. The details of the
trial and monitoring programme shall be submitted to the Director for agreement
at least one month prior to the trial fireworks displays. The results of the
trial fireworks displays shall be submitted to the Director for agreement prior
to the operation of the Project. The results of the trial tests and associated
air quality data shall be provided to the Advisory Council on the Environment
for consultation, as directed by the Director.
3.2
No
later than one month before the operation of the Project, the Permit Holder
shall submit for the Director’s approval an Operational Environmental
Monitoring and Audit (EM&A) Plan for the operation of the Project. Before
the submission to the Director, the EM&A Plan shall be certified by the IEC
as having regard to Annex N of the EIA Report. All measures recommended in the
approved EM&A Plan shall be fully and properly implemented in accordance
with the requirements and time schedule(s) set out in the EM&A Plan. The
Operational Environmental Monitoring and Audit Plan approved under this
condition shall hereinafter be referred to as the “EM&A Plan”.
3.3
Air
quality and noise monitoring on fireworks displays, including monitoring
stations to be located at
3.4
Monitoring
of the
Measures to Mitigate Air Quality Impacts during Operation
3.5
Pyrotechnics
or fireworks that contain chromium, lead, mercury, arsenic, manganese, nickel
or zinc shall not be used for any display in the theme park.
3.6
Before
the operation of the Project, the Permit Holder shall deposit with the Director
the details and design of the fireworks displays for the Theme Park. Any
changes to the details or design of the fireworks displays shall be reviewed by
the ET Leader and deposited with the Director.
3.7
To
mitigate air quality impacts, fireworks displays shall be designed and
conducted to achieve the air quality criteria adopted in the EIA Report.
3.8
The Permit Holder shall not
operate diesel- or petrol-powered vehicles for internal traffic solely within
the Theme Park area as shown in Figure
4 attached to this Permit, except provided herein or otherwise approved
by the Director under this condition. The Permit Holder shall provide written
notice at least 24 hours in advance to the Director whenever a diesel- or
petrol-powered vehicle is placed into operation, state the application for
which that vehicle was placed into operation, and why a compressed natural
gas (CNG), liquefied petroleum gas (LPG), electric or other clean fuel vehicle
was not practicable for that particular application. This condition shall
not apply to emergency vehicles, and shall not apply to vehicles not operated
by the Permit Holder.
3.9
To mitigate the air quality
impacts from the Penny’s Bay Gas Turbine Plant (GTP), building height within
the Theme Park shall be restricted at 50 metres above ground within 500 metres
from the chimneys of the GTP and restricted at 100 metres above ground between
500 metres and 1,000 metres from the chimneys of the GTP, as shown in Figure
5 attached to this Permit, unless the Permit Holder can demonstrate to
the Director’s satisfaction that the buildings shall not affect the dispersion
of the emissions from the GTP and shall not cause adverse air quality impacts.
Measures to Mitigate Noise during Operation
3.10
The
bursting height of fireworks displays within the Theme Park shall not exceed 150
meters above Principal Datum.
3.11
Hotels
within the Project shall not rely on openable windows for ventilation.
Measures to Mitigate Hazards during Operation
3.12
The Hazard Management Plan
as submitted on 14 July 2000 as part of the application documents referred
in Part A of this Permit shall be fully implemented.
Measures to Mitigate Water Quality Impacts during Operation
3.13
All
storm water shall flow through silt traps within the Project prior to entering
the stormwater system.
3.14
Spent
fireworks shall be collected immediately after the completion of the firework
displays. The collection and disposal of spent fireworks shall be in accordance
with the waste management plan for the operational stage approved under
Condition 3.21 of this Permit.
3.15
Monitoring
of residual chlorine concentration in disinfected water shall be conducted
prior to discharge of the disinfected water. No discharge of any water with
chlorine concentration higher than 0.01 mg L-1 shall be allowed.
3.16
Pesticides
and herbicides used in the Project shall be biodegradable and with half-lives
of three days or less, or as approved by the Director.
3.17
A
log book shall be kept in the Theme Park to record the application of any
pesticides or herbicides, date and time, location of application, quantities
applied, pesticide/herbicide used and weather conditions. The logbook shall
always be readily available for inspection by the Director throughout the
operation stage.
Measures to
Mitigate Terrestrial Ecological Impacts during Operation
3.18
To minimize the disturbance
to the
3.19
To
protect the
Other Measures during Operation
3.20
The speed of ferries and
vessels of the Theme Park shall not exceed 10 knots when passing through an
area within 500 metres from the reclamation limit as shown in Figure
3 attached to this Permit.
3.21
Three
sets of waste management plan for the operational phase of the Project shall be
submitted to the Director for approval at least one month before the Project
commences operation. The plan shall be certified by the IEC as having regard to
Section 6.7 and Section 16 of the EIA Report. The plan shall include details of
how the mitigation measures of operational waste management will be
implemented, together with the arrangements for avoidance, minimization,
material recovery/recycling, collection, transportation and disposal of various
types of waste generated during the operation of the Theme Park.
4.
Environmental Monitoring and Audit
(EM&A) during the Construction
4.1
The
EM&A programme shall be implemented in accordance with the approved EM&A
Manual. Any changes to the EM&A programme shall be justified by the IEC or
ET Leader as having regard to the requirements set out in the EM&A Manual,
and shall be submitted to the Director for approval.
4.2
Samples
and measurements shall be taken in accordance with the requirements of the
EM&A Manual by:
(a)
conducting
baseline monitoring on noise, air quality and terrestrial ecology as set out in
the EM&A Manual.
(b)
conducting
impact monitoring on noise, air quality and terrestrial ecology as set out in
the EM&A Manual.
(c)
carrying
out remedial actions in accordance with the Event/Action Plans, as set out in the
EM&A Manual, in cases where specified criteria in the EM&A Manual are
exceeded, 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 monthly EM&A reports and to make available the
information for inspection on site.
4.3
All
environmental monitoring and audit data submitted under this Permit shall be
true and correct.
4.4
One
hard copy and one soft copy of the Baseline Monitoring Report shall be
submitted to the Director within one week after the commencement of any major
construction works that would affect the monitoring results. 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 from the Director.
4.5
One
hard copy and one soft copy of monthly EM&A Report shall be submitted to
the Director within 2 weeks from the end of the reporting month. The submission 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 from the
Director.
4.6
The
actions described in the Event and Action Plans of the EM&A Manual shall be
fully and properly carried out, in accordance with the time frame set out in
the Event and Action Plans, or as agreed by the Director.
5.
Environmental Monitoring and Audit
(EM&A) during Operation
5.1
The
EM&A Plan approved under Condition 3.2 of this Permit shall be implemented.
Any proposed changes to the EM&A details shall be justified by the ET
Leader as having regard to the requirements set out in the EM&A Plan, and
shall be submitted to the Director for approval.
5.2
The
EM&A Plan shall contain monitoring locations, monitoring schedules,
methodology, and qualification of monitoring team members. Monitoring shall be
conducted in accordance with the EM&A Plan unless with prior approval from
the Director. Monitoring details and
results shall be recorded in reports submitted in accordance with the EM&A
Plan. A hard copy and a soft copy of the reports shall be deposited with the
Director within two weeks after the completion of each reporting period as
specified in the EM&A Plan. The reports shall be certified by the ET Leader
before deposit with the Director.
5.3
All
environmental monitoring data and reports submitted under this Permit shall be
true, valid and correct.
6.
Electronic Reporting of EM&A
Information in response to Public Complaints
6.1
To
enable the public inspection of the Baseline Monitoring Report, monthly
EM&A Reports and monitoring results during operational via the EIAO
Internet Website and at the EIAO Register Office, electronic copies of monthly
EM&A 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 Conditions 4.4, 4.5 and 5.2. 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.
6.2
All
environmental monitoring data as described in Conditions 4.2 and 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 or become available,
unless otherwise agreed with the Director. The Permit Holder shall notify the
Director in writing within 8 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.
6.3
The
internet website as described in Condition 6.2 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.
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 display at the construction site.
5. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the Project could be continued.
It is an offence under Section 26(1) of the Ordinance to construct or
operate a designated project listed in 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-01/059/2000/B
Appendix A (as
referred to in Condition 2.9)
(i)
Surface
run-off from the construction site shall be directed into storm drains via
adequately designed sand/silt removal facilities such as sand traps, silt traps
and sediment basins. Channels,
earth bunds or sand bag barriers shall be provided on site to properly direct
stormwater to such silt removal facilities.
(ii)
Catchpits
and perimeter channels shall be constructed in advance of site formation works
and earthworks.
(iii)
Silt
removal facilities, channels and manholes shall be suitably maintained with the
deposited silt and grit being removed at least once a week, and at the onset of
and after each rainstorm to ensure that these facilities are functioning
properly at all times.
(iv)
Earthworks
final surfaces shall be well compacted and the subsequent permanent work or
surface protection shall be carried out immediately after the final surfaces
are formed to prevent erosion caused by rainstorms. Appropriate intercepting channels shall
be provided along the site boundary or at the locations agreed with the IEC.
Rainwater pumped out from trenches or foundation excavations shall be
discharged into storm drains via silt removal facilities.
(v)
Open
stockpiles of construction materials (e.g. aggregates and sand) on site shall
be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag
barriers shall be taken to prevent the washing away of construction materials,
soil, silt or debris into any drainage system.
(vi)
Manholes
(including any newly constructed ones) shall always be adequately covered and
temporarily sealed so as to prevent silt, construction materials or debris from
getting into the drainage system, and to prevent storm run-off from getting
into foul sewers. Discharges of
surface run-off into foul sewers shall always be prevented in order not to
unduly overload the foul sewerage system.
Groundwater pumped out of wells,
etc. for the lowering of ground water level in foundation construction shall be
discharged into storm drains after being passed through appropriate silt
removal facilities.
(c) General
Construction Activities
At
all parts of all works areas and construction sites, and throughout the full
duration of the construction contract(s), debris and rubbish on site shall be
handled and disposed of to avoid entering the water column and causing water
quality impacts. Temporary on-site
storage of excavated materials from station and depot construction works shall
be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated
materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material
can be minimised by scheduling the construction programme in a way that one
section of the alignment can be constructed and completed before the excavation
works of the next section commence.
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