Environmental Permit No.
EP-01/215/2005/B
環境許可證編號 EP-01/215/2005/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第 10 及 13 條
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT
A DESIGNATED PROJECT
建造指定工程項目的新的環境許可證
A部 (許可證主要部分)
Pursuant to Sections 10 and 12 of the Environmental Impact Assessment
Ordinance (the Ordinance), the Director of Environmental Protection (the
Director) granted the Further Environmental Permit (No. FEP-01/215/2005/A) to LINK
200 JOINT VENTURE (hereinafter referred to as the “Permit Holder”) on 3
September 2005. Pursuant to Section 13 of the Ordinance, the Director amends
the Further Environmental Permit based on the Application No. VEP-218/2006. The
amendments described below, are incorporated into this Environmental Permit
(No. EP-01/215/2005/B). This Environmental Permit as amended is for the
construction 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及12條的規定，環境保護署署長（署長）於 2005
年 9月 3日將新的環境許可證 (編號FEP-01/215/2005/A) 批予LINK 200 JOINT VENTURE (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-218/2006 修訂新的環境許可證。以下修訂已包含在本環境許可證內 (編號 EP-01/215/2005/B)。本經修訂的環境許可證作為建造本許可證B部所說明的指定工程項目，但須遵守本許可證
C 部所說明或附載的條件。
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-218/2006 |
|
Document in the Register: 登記冊上的文件： |
(1)
(Register
No.: AEIAR-083/2005) [Hereinafter referred to as the “EIA Report”] (1) 九龍南環線環境影響評估報告，環境監測及審核手冊及行政摘要 (登記冊檔號: AEIAR-083/2005) [下稱 “環評報告”] (2) The Director’s letter of approval of
the EIA Report dated 30 March 2005 [Ref.: ( ) in EP2/G/A/ (2) 署長於 (3) Application documents including all attachments submitted on 4
April 2005 (Application No. AEP-215/2005) (3) 申請文件包括於 (4) Environmental Permit issued – Permit
No.: EP-215/2005 issued on 3 May 2005. (4) 已簽發的環境許可證 - 許可證編號 : EP-215/2005 於 (5)
Application for Variation of an Environmental Permit No. VEP-187/2005. [Hereafter referred
to as “the Application No. VEP-187/ (5) 申請更改環境許可證編號 VEP-187/2005。 [下稱 “申請書編號 VEP-187/ |
|
Application No. 申請書編號： |
VEP-218/2006 |
|
Document in the Register: 登記冊上的文件： |
(6)
Environmental Permit issued – Permit No.: EP-215/2005/A issued on 9 August
2005. (6) 已簽發的環境許可證 - 許可證編號 : EP-215/2005/A 於 (7)
Application for Further Environmental Permit No. FEP-068/2005. [Hereafter
referred to as “the Application No. FEP-068/ (7) 申請新的環境許可證編號 FEP-068/2005。 [下稱 “申請書編號 FEP-068/ (8) Further
Environmental Permit issued – Permit No.: FEP-01/215/2005/A issued on 3
September 2005. (8) 已簽發的新的環境許可證 - 許可證編號 : FEP-01/215/2005/A 於 (9)
Application for Variation of an Environmental Permit No. VEP-210/2006. [Hereafter referred
to as “the Application No. VEP-210/ (9) 申請更改環境許可證編號 VEP-210/2006。 [下稱 “申請書編號 VEP-210/ (10)
Environmental Permit issued – Permit No.: EP-215/2005/B issued on 21 March
2006. (10) 已簽發的環境許可證 - 許可證編號 : EP-215/2005/B 於 (11)
Application for Variation of an Environmental Permit No. VEP-218/2006. [Hereafter referred
to as “the Application No. VEP-218/ (11) 申請更改環境許可證編號 VEP-218/2006。 [下稱 “申請書編號 VEP-218/ |
|
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-218/2006 |
19 June 2006 |
Vary
Conditions 2.9, 3.1, 3.2(iii), 3.7, 3.7(i) and 3.7(iii) in Part C of Further
Environmental Permit No. FEP-01/215/2005/A Delete
Conditions 3.5(iv) and 3.7(ii) in Part C of Further Environmental Permit No.
FEP-01/215/2005/A Vary Figure 2
of Further Environmental Permit No. FEP-01/215/2005/A |
28 June 2006 |
|
|
|
Add
Conditions 1.14, 4.4, 4.5 and 4.6 to Part C of Further Environmental Permit
No. FEP-01/215/2005/A Renumber
Conditions 1.14, 4.4, 4.5 and |
28 June 2006 |
|
|
|
Vary
Conditions 1.14, 2.4, 2.5, 2.6, 2.7, 2.8, 2.10, 3.9, 3.19, 3.20, 4.1, 4.2,
4.3, 4.4, 4.5, 4.6, 5.1, 5.4, 5.5, 5.6, 6.1 and Add
Notes to Conditions 2.2, 2.4 and Vary
the Notes in Further Environmental Permit No. FEP-01/215/2005/A |
|
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2006年 |
更改新的環境許可證編號 FEP-01/215/2005/A，C部條件第 2.9、3.1、3.2(iii)、3.7、3.7(i) 及 3.7(iii) 項 條 件 刪除新的環境許可證編號 FEP-01/215/2005/A，C部條件第3.5(iv) 及 3.7(ii) 項 條 件 更改新的環境許可證編號 FEP-01/215/2005/A的圖2 |
2006年 |
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|
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在 新 的 環 境 許 可 證 編 號FEP-01/215/2005/A的 C部 加 入 第 1.14 、4.4、4.5及4.6項 條 件 把 新 的 環 境 許 可 證 編 號 FEP-01/215/2005/A, C部 的 第 1.14、4.4、4.5及4.6項 條 件 重 新 編 號 為 環 境 許 可 證 編 號 EP-01/215/2005/B, C部 的 第 1.15、4.7、4.8及4.9 項 條 件 |
2006年 |
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更改新的環境許可證編號 FEP-01/215/2005/A，C部 條 件 第 1.14 、2.4、2.5、2.6、2.7、2.8、2.10、3.9、3.19、3.20、4.1、4.2、4.3、4.4、4.5、4.6、5.1、5.4、5.5、5.6、6.1及6.2項 條 件 在 新 的 環 境 許 可 證 編 號FEP-01/215/2005/A，C部 第 2.2、2.4及6.3 項 條 件 加 入 註 更改新的環境許可證編號 FEP-01/215/2005/A
的 註 |
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28 June 2006
Date 日期 |
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(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代行) |
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 |
[This designated project is hereinafter
referred to as “the Project”] 九龍南線–合約KDB200西九龍站及隧道 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
Construction
of an approximately 興建一條長約 |
|
Location of Designated Project 指定工程項目的地點 |
Tsim Sha Tsui and 尖沙咀及西九龍。工程項目的位置見載於本許可證夾附的圖 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction
of an approximately 興建一條長約 |
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
(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 or 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 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. The site(s) refers to site(s) of
construction 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’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(s).
1.6
The
Permit Holder shall construct 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 and constructed in
accordance with the information and all recommendations described in the EIA
Report (Register No.: AEIAR-083/2005), other relevant documents in the Register;
and the information or 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 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
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, and 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.
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 in Conditions 2.1 and 2.2 below, before submitting to
the Director under this Permit.
1.10
The
Permit Holder shall release all finalised 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 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 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.
1.12
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). Electronic copies of all finalised 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 hardcopies.
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.
1.14
The Director shall be
notified in writing the commencement date of operation of the Kowloon Southern
Link and the associated railway station no later than one month prior to the
commencement of operation of the Kowloon Southern Link. The Director shall be
notified immediately in writing if there is any change of the commencement date
of the operation. (see note 8)
1.15 This Permit shall
not remove the responsibility of Kowloon-Canton Railway Corporation and any
person working on the Kowloon Southern Link to comply with the conditions set
out in Part C of the Environmental Permit No. EP-215/2005/A or where applicable
any subsequent environmental permit (EP) amended by the Director under the Ordinance.
2.
Measures before Commencement of Construction of the Project
2.1 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 not be in any way an associated body
of the Independent Environmental Checker (IEC) for the Project. The ET shall be
headed by an ET Leader. The ET Leader shall be a person who has at least 7
years of experience in environmental monitoring and auditing (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 of the Project. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report (Register No. AEIAR-083/2005) and this
Permit. The ET Leader shall notify the IEC within one working day of the
occurrence of any such instance or circumstance or change of circumstances. The
ET Leader’s 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 (Register No. AEIAR-083/2005) 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 make replacement, 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.
(see note 7)
2.2 An Independent Environmental Checker (IEC) shall
be employed no later than one month before commencement of construction of the
Project. The IEC shall not be in any way an associated body of the Contractor
or the ET for the Project. The IEC shall be a person who has at least 7 years
of 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 performance, 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 log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify
the Director by fax, within one working day of receipt of notification from the
ET Leader of each and every occurrence, change of circumstances or
non-compliance with the EIA Report (Register No. AEIAR-083/2005) and this
Permit, which might affect the monitoring or control of adverse environmental
impacts from the Project. In the case 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 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. (see note 7)
2.4 At
least two weeks before the commencement of construction of the Kowloon Southern
Link, the Director shall be informed 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. (see note 7)
2.5 An Environmental Management Plan (EMP) shall be submitted at least one
month before the commencement of construction of the Project. Before submission
to the Director, the EMP shall be certified by the ET Leader and verified by
the IEC as conforming to the information and recommendations contained in the
EIA Report (Register No.:
AEIAR-083/2005). The EMP shall demonstrate and ensure
effective implementation of the mitigation measures, monitoring and remedial
requirements presented in the EIA Report (Register No.: AEIAR-083/2005),
EM&A Manual and Environmental Mitigation Implementation Schedule. The EMP
shall also contain a master construction programme with programmes of associated
construction activities at each work site, in particular, the date of
commencement of construction of the Tunnel Boring Machine (TBM) launching
shaft, the date of commencement of excavation of contaminated material/soil and
the date of commencement of dewatering of contaminated groundwater. The EMP
shall provide the chainages of the various tracks types to be laid along the
alignment of the Project. (see note 8)
2.6 No
later than one month before the commencement of the Project, five (5) hard
copies and one electronic copy of an updated EM&A Manual for the Project
shall be submitted to the Director for approval. The updated EM&A Manual
shall be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA Report (Register
No. AEIAR-083/2005). The updated EM&A Manual shall include any updated
noise and dust monitoring location(s); monitoring requirement for groundwater
level and quality at selected points near the site boundary; monitoring requirement
for construction ground borne noise at the Hong Kong Cultural Centre,
2.7 No later
than one month prior the commencement of construction of the Project, five (5)
sets of Waste Management Plan (WMP) shall be prepared and deposited to the
Director. Before submission to the Director, the WMP shall be certified by the
ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report (Register No. AEIAR-083/2005). The
WMP shall:
(i)
clearly define the
duties and responsibilities of different parties in carrying out the activities
described in the WMP;
(ii)
provide all key information
(including but not limited to the types and quantities of waste, timing and
activities of waste generation, locations for temporary storage, considerations
for recycle, reuse and destinations for final disposal);
(iii)
work out the detailed
arrangements on how to minimize the disposal quantity of construction and
demolition material (C&DM) of the Project (including adopting an
appropriate purchasing strategy to avoid generation of C&DM, and sensible
design and construction methods to minimize the generation of C&DM,
together with arrangements for recycling/reusing the C&DM on-site for other
stages and/or other sections of the Project or even off-site for other
projects);
(iv)
elaborate in detail the
arrangements and procedures on how the above solution shall be implemented
on-site to establish an implementation plan. The details shall include, where
appropriate, the specific measures to be adopted for minimizing waste generation;
the timing and quantities of different types of waste arising from various
stages or sections of the Project; the temporary storage arrangements of
different types of waste including the locations of the designated segregation
and storage areas; the reuse/recycling arrangements including the locations of
any specific sections of Project or any other projects; the destinations, modes
and routes of waste disposal; the various parties responsible for implementing
the various waste management recommendations. The implementation plan shall be
practicable and enforceable;
(v)
recommend a proper
recording and management system to keep track of the compliance with the plan
to facilitate audit purpose;
(vi)
take into account the
latest C&DM disposal arrangement and address the associated environmental
impacts that may arise;
(vii)
provide information on
the management and disposal of marine deposit/alluvium arising from the
Project.
All measures
recommended in the deposited WMP shall be fully and properly implemented by the
Permit Holder and any person working on the Project throughout the construction
period. (see note 8)
2.9 Five (5) sets of detailed
drawing(s) and explanatory statements of all noise, dust and visual impact
mitigation measures for the Tunnel Boring Machine (TBM) launching shaft, the
spoil conveyance system and the slurry treatment plant shall be submitted for
approval at least one month prior to the commencement of construction of the
TBM launching shaft and related spoil conveyance system and the slurry
treatment plant. The mitigation measures shall include noise and dust
enclosures for the spoil conveyance system and the slurry treatment plant. The
detailed drawing(s) shall be certified by the ET Leader and verified by the IEC
as conforming to the information and recommendations contained in the approved
EIA Report (Register No. AEIAR-083/2005) and the information and recommendation
contained in the Application No. VEP-210/2006. (see note 8)
2.10 Within one month
of the commencement of construction of the Project, a plan and a system of web
cameras shall be proposed for the Director’s agreement. The web camera(s) shall
be designed to provide sufficient locations/views covering the whole alignment
of the Kowloon Southern Link as shown in Figure
(i)
The construction access
shaft as shown in Figure 2 of this Permit;
(ii)
The Tunnel Boring
Machine (TBM) launching shaft at the southern end of West Kowloon Station; and
(iii)
In addition, any other
major works area(s) as necessary.
3. Measures
during Construction of the Project
General
Construction Requirements
3.1 Bored
tunnelling shall be adopted along the tunnel section as indicated in
Figure 2
of this Permit. The temporary construction access shaft shall be located as
shown in Figure 2 of this Permit.
Measures
to Mitigate Construction Noise Impact
3.2 The
following measures shall be implemented during the operation of the Tunnel
Boring Machine (TBM) launching shaft to achieve the construction noise
performance at noise sensitive receivers as predicted in the EIA Report
(Register No. AEIAR-083/2005):
(i)
When construction
plants are to be operated inside the TBM launching shaft or the tunnel under
Canton Road during restricted hours (between 7 p.m. and
(ii)
When a ventilation fan
is to be operated, the ventilation fan shall be installed with sound attenuator
to reduce the noise of the ventilation fan by no less than 15dB(A);
(iii)
Noise enclosures with
no less than 10dB(A) reduction shall be installed for the spoil conveyance
system and the slurry treatment plant outside the launching shaft;
(iv)
The motor of the
launching shaft gantry shall be screened to provide a noise reduction of no
less than 5dB(A).
3.3 Purpose
built temporary noise barriers of
3.4 Movable
temporary noise barriers on a skid footing with cantilevered upper portion, of
superficial density of no less than
(i) enclosure
with 10dB(A) noise reduction for air compressor, electric grout pump, filtering
plant/desander, silenced generator, electric grout mixer and water pump;
(ii) enclosure
with 5dB(A) noise reduction for bentonite filtering and mixing plant;
(iii) movable
barrier with 5dB(A) noise reduction for handheld breaker, circular saw, crawler
drill and electric drill hole machine;
(iv) acoustic
mat with 5dB(A) noise reduction for auger, chisel, electric down the hole rig,
piling, crawler crane/chisel/oscillator/reverse circulation drill (RCD) and
pipe pile rigs.
3.5 When
any items of construction plant as listed below are to be used at the Tunnel
Boring Machine (TBM) launching shaft, only quiet plant as listed below shall be
used to alleviate the noise impacts:
(i) Gantry
with Sound Power Level (SWL) not exceeding 95dB(A);
(ii) Generator
with SWL not exceeding 95dB(A);
(iii) Compressor
with SWL not exceeding 96dB(A);
(iv) Ventilation
fan with SWL not exceeding 98dB(A);
(v) Water
pump, submersible (electric) with SWL not exceeding 85dB(A);
(vi) Water pump
(for waste water treatment plant) with SWL not exceeding 88dB(A);
(vii) Diesel train with
SWL not exceeding 108dB(A);
(viii) Mortar car with
SWL not exceeding 108dB(A);
(ix) Tunnel
boring machine with SWL not exceeding 109dB(A).
3.6 The
Measures
to Mitigate Construction Dust Impact
3.7 The
spoil conveyance system and the slurry treatment plant from the Tunnel Boring
Machine (TBM) launching shaft shall have the following features:
(i) The
spoil conveyance system and slurry treatment plant shall be fully enclosed to
suppress dust emission;
(ii) At
the fixed transfer point, a three-sided roofed enclosure with a flexible
curtain at the entrance point shall be provided.
Measures
to Mitigate Construction Water Quality Impact
3.8 There
shall be no dredging activities, marine work, reclamation work and platform
construction for the proposed barging facility.
3.9 There
shall be no direct discharge of groundwater into any waterbodies and water
systems. Contaminated groundwater from dewatering process shall be recharged
into the ground at selected discharging wells located within the stockpile
areas or temporary work areas. The location of the recharging wells shall be
selected at places where the groundwater quality shall not be adversely
affected by the recharging operation. Based on the EIA Report (Register No.
AEIAR-083/2005), a working plan including the number of recharge wells and
their specific locations, the baseline parameters of the recharge and monitoring
locations, number of treatment facilities and their treatment capacities shall
be submitted one month prior to the dewatering process. (see note 8)
Measures
for Remediation of Contaminated Material/Soil
3.10 The remediation
area for contaminated material/soil shall be clearly marked out on site and
excavated to an extent of
3.11 No excavated
contaminated material/soil shall be stockpiled on site. Excavated contaminated
material/soil shall be loaded onto trucks immediately. All trucks carrying
contaminated material/soil for disposal at landfill site shall be covered by
sheets to prevent dispersion/loss of contaminated material/soil during
transport.
3.12 Confirmatory
testing shall be carried out following excavation at each contaminated site to
confirm the removal of all contaminated material/soil. The confirmatory testing
shall consist of five samples in each contaminated site, situating immediately
to the north, south, east and west of each contaminated site and at the base of
the contaminated excavation if confirmatory testing identifies
extended/continued contamination. The area of excavation shall be extended by a
further
3.13 The remediation
programme shall be supervised by an on-site Geotechnical
Engineer/Decontamination Specialist. All relevant method statements prepared by
the remediation contractor shall be reviewed and approved by the Geotechnical
Engineer/Decontamination Specialist before proceeding with the works. The
method statement shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the EIA Report
(Register No. AEIAR-083/2005).
Measure
to Avoid Hazard
3.14 There shall be no overnight storage of
explosive.
Measures
to Mitigate Visual and Landscape Impact
3.15 All security
lighting shall be directed downward into the works sites and works areas to
control night lighting, light trespass and prevent glare impacting on
surrounding visual sensitive receivers.
3.16 All the Champion
trees along
3.17 There shall be no
adverse impact on existing mature trees in the site of the Former Marine Police
Headquarters (FMPHQ) as a result of the construction of the Project.
3.18 The Project shall
not encroach onto the
3.19
Within six months after
the commencement of construction of the Project, five (5) sets of detailed
landscape drawing(s)/design drawing(s) shall be submitted to the Director for
approval (see note 8). The drawing(s) shall conform with the recommendations in
the EIA Report (Register No. AEIAR-083/2005), including:
(i)
A total of no more than
1,200 trees shall be affected (i.e. felled or transplanted), of which no more
than 105 trees shall be of high amenity value;
(ii)
A minimum of 80% of the
affected trees of high amenity value shall be transplanted ;
(iii)
The total number of
compensatory trees shall not be less than 130% of the number of affected trees;
(iv)
Landscape proposals
with compensatory planting on the reinstatement and re-provision of the amenity
areas and public open spaces affected by the Project;
(v)
Compensatory trees
shall be at least heavy standard size, unless planting is on a slope, in which
case, tree size will be the largest practical size. Semi-mature size trees
shall be used where appropriate at sensitive and prominent locations such as
the
(vi)
Details of
architectural design, chromatic treatment and visual and landscape mitigation
measures for all above ground structures, including Station Entrances, Vent
Shafts, Plant Room, Emergency and Firemen’s Accesses to show that they shall be
sensitively designed in a manner that responds to the existing and planned
urban context, which may include soft landscape measures to minimise the
potential adverse landscape and visual impacts;
(vii)
Temporary planting to
be implemented along east side of West Kowloon Station (WKN) structure to
provide partial screening and to create a pleasant pedestrian environment prior
to any future property development on the sites;
(viii)
Tall shrubs and climbing
plants to be planted against the face of the
(ix)
Covering the
(x)
Transplanting proposal
and measures to protect the trees to be retained within the construction site
of the Project.
The submitted drawings and proposals shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the EIA Report (Register No. AEIAR-083/2005).
Measures to
Mitigate Impact on Cultural Heritage
3.20 Five (5) sets of
as-built drawing(s) shall be deposited with the Director within 1 month after
the completion of the tunnelling works underneath the Former Marine Police
Headquarters (FMPHQ) to confirm the vertical separation of 6
4. Measures
for Operation of the
Measures
for Operation Noise Impact
4.1 All
the tracks for the Kowloon Southern Link shall be laid underground except for
the
4.3 Within one month after the completion of installing the tracks, five (5)
copies of as-built drawing(s) for the operation ground borne noise mitigation
measures (including the floating slab track) shall be deposited with the
Director. The drawing(s) shall be certified by the ET Leader and verified by
the IEC to confirm that the following length of track types are installed in
accordance with the locations specified in the EIA Report (Register No. AEIAR-083/2005) and the
Supplementary Document submitted with the Application No. VEP-187/2005 as indicated below[1].
(see note 8) The location of the track types are shown in
Figure 4 of this
Permit.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
4.4 Six
months prior to the operation of the Kowloon Southern Link, five (5) sets of
noise performance test proposal shall be submitted to the Director for
approval. The noise performance test proposal shall include key sensitive
receivers including the Hong Kong Cultural Centre,
4.5 Two
months prior to the operation of the Kowloon Southern Link, the noise
performance test in accordance with the approved noise performance test
proposal shall be carried out and five (5) sets of the noise performance test
report, on the basis of Condition 4.4, shall be deposited with the Director.
Before submission to the Director, the noise performance test report shall be
certified by the ET Leader and verified by the IEC. All measures as recommended
in the noise performance test report shall be fully and properly implemented.
(see notes 8 and 9)
Measures
for Operation Water Quality Impact
4.7 At
least one month before the Kowloon Southern Link commences operation, audit
shall be carried out with confirmation in writing to the Director of the
implementation of the following operational water quality mitigation measures:
(see note 8)
(i) Freshwater cooling
system shall be adopted to serve both the station and the tunnel;
(ii)
All tracks shall be contained in concrete tunnel box with tunnel wall
equipped with water-tight liner.
The operational water
quality mitigation measures audit shall be certified by the ET Leader and verified
by the IEC.
Measures
for Operation Visual and Landscape Impact
4.8 At
least one month before the Kowloon Southern Link commences operation, five (5)
sets of detailed landscape as-built drawing(s) showing the final locations of
tree plantings to demonstrate compliance with the approved submissions under
Condition 3.19 shall be deposited with the Director. This final set of as-built
submission(s) shall be certified by the ET Leader and verified by the IEC to
demonstrate that Condition 3.19 is fulfilled. (see note 8)
4.9 At
least one month before the Kowloon Southern Link commences operation, audit
shall be carried out with confirmation in writing to the Director of no adverse
impact on all the Champion trees along
5. Environmental Monitoring and Audit Requirements
5.1 The EM&A programme shall be implemented in
accordance with the procedures and requirements as set out in the updated
EM&A Manual approved under Condition 2.6 of this Permit. Any changes to the
programme shall be justified by the ET Leader and verified by the IEC as
conforming to the information and requirements contained in the EM&A Manual
before submission to the Director for approval.
5.3 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;
(b)
conducting
impact monitoring;
(c)
carrying
out remedial actions described in the Event/Action Plans of the EM&A Manual
in accordance with the time frames 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 details of (a) to (c) above for all parameters 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 to
make available for inspection on site.
5.4 Five
(5) hard copies and one electronic copy of the Baseline Monitoring Report shall
be submitted to the Director at least 2 weeks before 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. (see note 8)
5.5 Five
(5) hard copies and one electronic copy of monthly EM&A Report shall be submitted
to the Director within 10 working days 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 verified by the IEC. Additional copies of the
submission shall be provided to the Director upon request by the Director. (see
note 8)
5.6 Within
three months of the commencement of construction of the Project, a system of
web cameras covering the location(s) as agreed with the Director shall be
installed and thereafter be maintained. The system shall provide real time
visual monitoring of the site condition accessible by public through the
dedicated web site set up under Condition 6.2. (see notes 8 and 9)
5.7 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
6.
Electronic Reporting of EM&A Information
6.1 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 hardcopies as described in Condition 5 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 hardcopies. (see note 8)
6.3 The Internet website as described in
Condition 6.2 above shall enable user-friendly public access to the monitoring
and project data including the EIA Report (Register
No. AEIAR-083/2005) and the environmental permit(s) and the project profile of the Project.
The Internet website shall have features capable of:
(a)
providing access to all
environmental monitoring data collected since the commencement of works;
(b)
searching by date;
(c)
searching by types of
monitoring data (noise, water and air quality); and
(d)
hyperlinks to relevant
monitoring data after searching;
or otherwise as agreed
by the Director. (see note 9)
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 conditions 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 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 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.
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. Kowloon-Canton
Railway Corporation (KCRC), Holder of Environmental Permit (EP) (No.
EP-215/2005/A), is required under EP-215/2005/A, or any subsequent EP amended
by the Director under the Ordinance, to establish Environmental Team(s) (ET)
each of which shall be headed by an ET Leader; employ an Independent
Environmental Checker (IEC) and 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 Kowloon Southern Link (KSL).
The submitted information shall include at least an organization chart, names
of responsible persons and their contact details.
8. KCRC,
Holder of EP-215/2005/A, is required under EP-215/2005/A, or any subsequent EP
amended by the Director under the Ordinance:
(i)
to
submit to the Director the Environmental Management Plan (EMP);
(ii)
to
submit to the Director for approval the updated Environmental Monitoring and
Audit Manual (updated EM&A Manual);
(iii)
to
deposit to the Director the Waste Management Plan (WMP);
(iv)
to
notify the Director the date of setting up the Community Liaison Office;
(v)
to
submit to the Director for approval the detailed drawing(s) and explanatory
statements of all noise, dust and visual impact mitigation measures for the
Tunnel Boring Machine (TBM) launching shaft, the spoil conveyance system and
the slurry treatment plant;
(vi)
to
propose a plan and a system of web cameras for the Director’s agreement;
(vii)
to
submit to the Director the working plan to manage contaminated groundwater
including the number of recharge wells and their specific locations, the
baseline parameters of the recharge and monitoring locations, number of
treatment facilities and their treatment capacities;
(viii)
to
submit to the Director for approval the detailed landscape drawing(s)/design
drawing(s) to demonstrate compliance with the approved submissions under
Condition 3.19 of EP-215/2005/A, or where applicable equivalent condition in
any subsequent EP amended by the Director under the Ordinance;
(ix)
to
deposit with the Director the as-built drawing(s) to confirm the vertical
separation of 6 -
(x)
to
deposit with the Director the as-built drawing(s) for the operation ground
borne noise mitigation measures (including the floating slab track);
(xi)
to
submit to the Director for approval the noise performance test proposal;
(xii)
to
deposit with the Director the noise performance test report;
(xiii)
to
carry out audit and confirm in writing to the Director of the implementation of
the operational water quality mitigation measures;
(xiv)
to
deposit with the Director the detailed landscape as-built drawing(s) showing
the final locations of tree plantings;
(xv)
to
carry out audit and confirm in writing to the Director of no adverse impact on
all the Champion trees along
(xvi)
to
submit to the Director the hard copy and electronic copy of the Baseline
Monitoring Report;
(xvii)
to
submit to the Director the hard copy and electronic copy of the monthly
EM&A Report;
(xviii)
to
notify the Director in writing the commencement date of operation of the KSL.
All submissions or any variation of the submissions shall be certified
by the ET Leader(s) and verified by the IEC before submitting to the Director.
9. KCRC,
Holder of Environmental Permit EP-215/2005/A, is required under EP-215/2005/A,
or any subsequent EP amended by the Director under the Ordinance:
(i)
to
set up a Community Liaison Office prior to the commencement of construction and
during the construction of KSL to service and respond to complaints, comments,
suggestions or requests for information with a view to minimize the extent and
duration of exposures of environmental nuisance to affected parties;
(ii)
to
install and thereafter maintain a system of web cameras covering the
location(s) as agreed with the Director under Condition 2.10 of the
EP-215/2005/A, or where applicable equivalent condition in any subsequent EP
amended by the Director under the Ordinance;
(iii)
to
set up a dedicated web site and notify the Director in writing the Internet
address where the environmental monitoring and project data is to be placed;
(iv)
to
carry out the noise performance test in accordance with the noise performance
test proposal approved under Condition 4.4 of EP-215/2005/A, or where
applicable equivalent condition in any subsequent EP amended by the Director
under the Ordinance;
(v)
to
only deploy West Rail Type Electric Multiple
Units (EMUs) on the KSL and to limit the train length operating on the KSL to 9
cars maximum with maximum frequency not exceeding 34 trains per hour in each
direction. Maintenance trains shall not operate on the KSL except during
emergency and scheduled maintenance.
10. 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.
11. 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.
12. The
Notes are for general reference only and that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.