Environmental Permit No. EP-249/2006/A
環境許可證編號 EP-249/2006/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 & 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
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact
Assessment Ordinance (EIAO), the Director of Environmental Protection (the
Director) grants the Environmental Permit (EP-249/2006)
to the Ocean
Park Corporation (hereinafter referred to as the "Permit Holder") on 28 July
2006. Pursuant to Section 13 of the
EIAO, the Director amends the Environmental Permit (EP-249/2006) based on the
Application No. VEP-223/2006. The
amendments, described below, are incorporated into this Environmental Permit
(EP-249/2006/A). This Environmental
Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions
specified in Part C. The issue of this environmental permit is based on
the documents, approvals or permissions described below:
根據《環境影響評估條例》（條例）第10及13條的規定，環境保護署署長（署長）於 2006 年 7月 28日將環境許可證 (編號EP-249/2006) 批予海洋公園公司 (下稱 “許可證持有人”）。根據條例第13條的規定，署長因應更改環境許可證的申請編號VEP-223/2006修訂環境許可證編號EP-249/2006。以下修訂已包含在本環境許可證內(EP-249/2006/A) 。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程項目，但須遵守C部所列明的條件。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：
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Application No. 申請書編號 |
VEP-223/2006 |
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Document in the Register : 登記冊上的文件: |
1. Repositioning and Long Term Operation
Plan of -
Environmental
Impact Assessment Report -
Environmental
Monitoring and Audit Manual -
Executive
Summary Hereinafter referred to as the
“EIA Report” (Register No.: AEIAR-101/2006) 海洋公園之重新定位及長遠營運計劃 -
環境影響評估報告 -
環境監察與審核手冊 -
行政摘要
下稱“環評報告”（登記冊編號AEIAR-101/2006） |
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2. The Director’s letter of approval of the
EIA Report dated 12 July 2006 referenced (43) in EP2/H16/O/ 環境保護署署長於二○○六年七月十二日發出批准環評報告的信件檔案編號 (43) in EP2/H16/O/ |
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3. Application for Environmental Permit
received on 7 April 2006 (Application No.: AEP-249/2006) 許可證持有人於 |
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4. Environmental Permit issued
on 28 July 2006 (Permit No. EP-249/2006) 已簽發的環境許可證 - 許可證編號 :
EP-249/2006 於 2006年7 月28日簽發 |
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5. Application documents for
Variation of Environmental Permit including all attachments submitted by the
Permit Holder on 25 September 2006 (Application No. VEP-223/2006) 許可證持有人於 |
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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 (DESCRIPTION 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:
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Title of Designated Project 指定工程項目的名稱
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Repositioning and Long Term Operation
Plan of (This designated project is hereafter referred to as “the Project”) 海洋公園之重新定位及長遠營運計劃(本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質 |
The Project will involve a theme park
with a site area of more than 此工程項目會涉及場地面積超過 |
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Location of Designated Project 指定工程項目的地點
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Existing site
of 香港仔海洋公園的現址及南塱山。
The location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。
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Scale and Scope of Designated Project |
Expansion
of the existing 擴建現有的海洋公園及重建/ 改建其現有設施。 |
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 Air Pollution Control Ordinance
(Cap. 311), Water Pollution Control Ordinance (Cap. 358), Noise Control
Ordinance (Cap. 400), Waste Disposal
Ordinance (Cap. 354), Dangerous Goods Ordinance (Cap. 295) and
Antiquities and Monuments Ordinance (Cap. 53). This Permit
does not of itself constitute any ground of defense against any proceedings
instituted
under any legislation or imply any approval under any legislation.
1.3 The Permit
Holder shall make copies of this Permit together with all documents referred to
in this Permit and the documents referred to in Part A of the Permit readily
available at all times for inspection by the Director or his 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.
1.4 The Permit
Holder shall give a copy of this Permit to the person(s) in charge of the
site(s) and ensure that such person(s) fully understands all conditions and all
requirements incorporated by the Permit. The site(s) refers to site(s) of
construction and operation of the Project and shall mean the same hereafter.
1.5 The Permit
Holder shall display conspicuously a copy of this Permit on the construction
site(s) at all vehicular site entrances/exits or at a convenient location for
public’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 and operate the Project in accordance with the project
description 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 approved
EIA Report (Register No. AEIAR-101/2006), the
Application for Environmental Permit (Application No. AEP-249/2006) and other
relevant documents in the Register, the information and mitigation measures
described in this Permit, mitigation measures to be recommended in submissions
that shall be deposited with or approved by the Director as a result of permit
conditions contained in this Permit, and mitigation measures to be recommended
under 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 specified by the
Director.
1.9 All submissions
approved by the Director, all submissions deposited without comments by the
Director, or all submissions rectified in accordance with comments by the
Director under this Permit shall be construed as part of the permit conditions
described in Part C of this Permit. Any variation of the submissions shall be
approved by the Director in writing or as prescribed in the relevant permit
conditions. Any non-compliance with the submissions may constitute a
contravention of the Environmental Impact Assessment Ordinance (Cap.499). 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 finalized submissions, as required under this Permit,
to the public by depositing copies in the Environmental Impact Assessment
Ordinance Register Office, or in any other places, or any internet websites as
specified by the Director, or by any other means as specified by the Director
for public inspection. For this purpose, the Permit Holder shall provide
sufficient copies of the submissions.
1.11 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 finalized submissions required under this Permit shall be prepared in
Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable
Document Format (PDF version 4.0 or later), unless otherwise agreed by the
Director and shall be submitted at the same time as the hard copies.
1.12 The Permit
Holder shall notify the Director in writing the commencement date of
construction of the Project no later than 2 weeks prior to the commencement of construction of the
Project. The Permit Holder shall notify the Director in writing immediately if
there is any change of the commencement date of the construction.
1.13 For the purpose
of this Permit, “commencement of construction” does not include works related
to site clearance and preparation or other works as agreed by the Director.
1.14 The Permit
Holder shall notify the Director in writing the commencement dates of operation of different phases of the Project no later than
one month prior to the
commencement of operation of each
phase of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement dates of the operation.
2.
Specific Conditions
Employment of Environmental
Monitoring and Audit (EM&A) Personnel
2.1 An ET shall be
established by the Permit Holder no later than 2 weeks before commencement of construction of the
Project. The ET shall not be in any way an associated body of the Contractor or
the 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
requirements as contained in the EM&A Manual (Register No. AEIAR-101/2006) of the Project. 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. The ET Leader shall keep a contemporaneous log-book of each and
every instance or circumstance or change of circumstances which may affect the
environmental impact assessment and each and every non-compliance with the
recommendations of the approved EIA Report (Register No. AEIAR-101/2006) or this Permit. The ET
Leader shall notify the Independent Environmental Checker (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 approved EIA Report (Register No. AEIAR-101/2006) or 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.
2.2 An IEC shall be
employed by the Permit Holder no later than 2 weeks 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 (Register No. AEIAR-101/2006) of the Project and shall audit the overall EM&A
programme, including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
and any other submissions required under this Permit. In addition, the IEC
shall be responsible for verifying the environmental acceptability of permanent
and temporary works, relevant design plans and submissions under this Permit.
The IEC shall verify the 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 approved EIA Report (Register
No.AEIAR-101/2006) or 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.
2.3 The Permit
Holder shall, no later than two weeks before 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.
2.4 The
Permit Holder shall, no later than two weeks before the commencement of
construction of the Project, deposit with the Director four hard copies and one electronic copy
of the construction
programme showing the commencement and completion
dates of major items of construction works and the relevant mitigation measures
to be implemented. The construction
programme shall be certified by the ET Leader and
verified by the IEC as conforming to the information, requirements and
recommendations set out in the approved EIA report (Register No. AEIAR-101/2006). The Permit Holder shall inform the
Director accordingly in writing in case of any subsequent changes of items
contained in this submitted construction programme.
Construction
Stage
Measures for Mitigating Land Contamination
Citybus
Depot (CBD) Site
2.5 Soils
contaminated with Total Petroleum Hydrocarbon (TPH) in excess of the Dutch B
level of 1,000mg/kg within the CBD site (as shown in Figure 2) shall be
disposed of at a Government landfill to be agreed by the Director. The Permit Holder shall, no later than one
month after completion of soil disposal at the landfill, issue a written notice
to the Director to confirm satisfactory completion of such disposal. The written notice shall be certified by
the ET Leader and verified by the IEC as conforming to the information,
requirements and recommendations set out in the approved EIA Report before
issuance. No construction work
shall commence on the CBD site until the written notice is received by the
Director.
2.6 Unless
the Permit Holder follows Condition 2.7 regarding alternative soil remediation
method(s), soils contaminated with heavy metals, containing arsenic and tin
exceeding the Dutch B levels of 30mg/kg and 50mg/kg respectively, within the
CBD site (as shown in Figure 2) shall be treated by mixing with cement. At least 1 sample shall be taken from
every
2.7 If
alternative remediation method(s) for soils contaminated with heavy metals
is/are to be proposed, the Permit Holder shall:
(a)
no later than one month before
commencement of any soil remediation on the CBD site, submit a Remediation
Action Plan (RAP), with four hard copies and one electronic copy, to the
Director for approval. The RAP
shall contain a contamination plan (in the scale of 1:1000 or other appropriate
scale) delineating areas with different types of contamination and the types of
soil remedial treatments required, based on the information in the
Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR)
contained in the approved EIA report, and any other relevant information to
support the proposal. Before submission to the
Director, the RAP shall be certified by the ET Leader and verified by the IEC
as conforming to the information, requirements and recommendations set out in
the approved EIA Report;
(b)
implement all recommended measures fully and properly in accordance
with the approved RAP. The
alternative soil remediation method(s) shall only be implemented subsequent to
the Director’s approval; and
(c)
no later than one month after completion
of the soil remediation on the CBD site, issue a written notice to the Director
to confirm satisfactory completion of the soil remediation works. The written notice shall be certified by
the ET Leader and verified by the IEC as conforming to the information, requirements and
recommendations set out in the approved EIA Report and the
approved RAP before issuance. No
construction work other than those for the remediation of the site shall
commence within the CBD site until the written notice is received by the
Director.
2.8 The
Permit Holder shall, no later than one month after completion of soil remediation on
the CBD site as required under Conditions 2.5, 2.6 and 2.7, whichever
appropriate, deposit with the Director four hard copies and one electronic copy
of as-built remediation plan (in the scale of 1:1000 or other appropriate
scale) showing the locations and types of contamination and soil remedial
treatments carried out. Such a plan
shall be certified by the ET Leader and verified by the IEC to demonstrate that
Conditions 2.5, 2.6 and 2.7, whichever appropriate, are fulfilled; and
2.9 The
Permit Holder shall collect duplicate samples of the treated soil for parallel
testing by another qualified laboratory if requested by the Director.
2.10 Prior
to the commencement of any works within the HKSM site as shown in Figure 2, the
Permit Holder shall deposit with the Director information confirming that land contamination
remediation work within the HKSM site has been completed.
(a)
no later than one month before commencement of any soil
remediation on the HKSM site, submit a CAR, with four hard copies and one
electronic copy, to the Director for approval. The CAR shall present findings of land contamination assessment, based on the
information in the CAP contained in the approved EIA report. Before submission to the Director, the
CAR shall be certified by the ET Leader and verified by the IEC as conforming
to the information, requirements and recommendations set out in the approved
EIA report;
(b)
no later than one month before commencement of any soil
remediation on the HKSM site,
submit a RAP, with four hard copies and one electronic copy, to the Director
for approval. The RAP shall contain
a contamination plan (in the scale of 1:1000 or other appropriate scale)
clearly delineating areas with different types of contamination, the types of
soil remedial treatments required and any changes to the fenced-off area. Before submission to the Director, the
RAP shall be certified by the ET Leader and verified by the IEC as conforming
to the information, requirements and recommendations set out in the approved
EIA report. All recommended
measures shall be fully and properly implemented in accordance with the
approved RAP. No remediation works
shall be carried out without the Director’s approval of the RAP;
(c)
no later than one month after completion of soil remediation on
the HKSM site, deposit with the Director four hard copies and one electronic copy
of as-built remediation plan (in the scale of 1:1000 or other appropriate
scale) showing the locations and types of contamination and soil remedial
treatments carried out. Such a plan
shall be certified by the ET Leader and verified by the IEC to demonstrate that
Condition 2.11(b) is fulfilled;
(d)
no later than one month after completion of soil remediation on the
HKSM site, issue a written notice to the Director to confirm satisfactory
completion of soil remediation works.
The written notice shall be certified by the ET Leader and verified by the
IEC as conforming to the information, requirements and recommendations set out
in the approved EIA Report before issuance. No construction work other than those
for the remediation of the site shall commence on the fenced off area within the
HKSM site until the written notice is received by the Director; and
(e)
collect duplicate samples of the treated
soil for parallel testing by another qualified laboratory if requested by the
Director.
Measures for
Mitigating Water Quality Impacts/Impacts on Corals
2.12 To
avoid impacts on coral communities in the marine water around the Nam Long Shan
headland, the Permit Holder shall divert construction phase discharges from
excavation works at Headland to an existing
2.13 To
improve the coagulation and sedimentation process for construction phase
discharges from excavation works at Headland, the Permit Holder shall provide
sand/silt removal facilities, including sand/silt traps and sediment basins,
with the use of flocculants. The
Permit Holder shall, at least one month before commencement of the site
clearance works at Headland, deposit with the Director four hard copies and one
electronic copy of a drainage proposal showing locations of sand/silt removal
facilities, dosage of flocculants to be employed, and details of monitoring
flocculants performance. Before
submission to the Director, the proposal shall be certified by the ET Leader
and the IEC as conforming to the information, requirements and recommendations
set out in the approved EIA report.
All measures recommended in the deposited proposal shall be fully and
properly implemented.
2.14 To
minimize the water quality impacts on the marine environment during rainy
seasons, the Permit Holder shall properly design and install a silt curtain
system to enclose the existing
(a) design
details;
(b) location
and alignment of the silt curtain system;
(c) inspection
requirements to check the proper installation and functioning of the silt
curtain system; and
(d) rectification
requirements in case of any malfunctioning of the system.
Before submission to the Director, the proposal 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. All measures recommended in the
deposited proposal shall be fully and properly implemented.
Measures for
Mitigation of Ecological Impacts
2.15 To
conserve the marine ecological resources in the vicinity of the project area,
no marine-based construction works shall be allowed for this Project.
2.16 To
compensate for the loss of
(a) the locations, size, number and
species of plantings;
(b) design details;
(c) implementation programme;
(d) maintenance and management
schedules; and
(e) drawings in the scale of 1:1000
or other appropriate scale showing the locations of these compensatory plants.
Before
submission to the Director, the compensatory proposal shall be certified by the
ET Leader and verified by the IEC as conforming to the information,
requirements and recommendations set out in the approved EIA Report. All recommended
measures shall be fully and properly implemented in accordance with the details
and time schedules as set out in the deposited proposal.
2.17 The
Permit Holder shall restrict the commencement of site clearance works in the
Headland area (as shown in Figure 1) outside of the breeding season of Black
Kites that lasts from October to May of the next year. This is to avoid nesting activities of
Black Kites at locations where site clearance for the Project will be carried
out.
2.18 To compensate for the
loss of roosting site for freshwater birds due to the filling of Pond 37 (as
shown in Figure 5) at the Lowland area, the Permit Holder shall:
(a)
complete
the enhancement works for Pond 35 (as shown in Figure 5) in accordance with
Condition 2.18 (b) below prior to the commencement of construction works at
Pond 37;
(b)
enhance
the roosting habitat for freshwater birds by enlarging Pond 35 and its surrounds
with a total area of no less than 120 square meters, planting appropriate
vegetation and providing foraging area as recommended in the Application for
Variation of Environmental Permit (Application No. VEP-223/2006); and
(c)
no
later than one month after completion of enhancement works of Pond 35, deposit
with the Director four hard copies and one electronic copy of as-built
drawing(s) showing the enhancement works carried out under Condition 2.18(b). This set of as-built submission(s) shall
be certified by the ET Leader and verified by the IEC to demonstrate that
Condition 2.18(b) is fulfilled.
2.19 To avoid
disturbing the roosting site for freshwater birds, no construction works and
discharge from the construction site(s) shall be allowed within the existing
freshwater ponds at the Tai Shue Wan area (as shown
in Figure 6) and within the enhanced Pond 35 (as shown in Figure 5), after
fulfilling Condition 2.18(b) and (c) above.
2.20 To
reduce the impact to uncommon plant species as shown in Appendix 1 due to the
construction of the Project, transplantation of the species shall be carried
out, if identified. The Permit
Holder shall transplant these uncommon plant species to other locations. The Permit Holder shall:
(a) no
later than three weeks before commencement of tree transplantation, deposit
with the Director four hard copies and one electronic copy of transplantation
proposal showing:
i.
types and locations of plants identified and
therefore to be transplanted;
ii.
locations of sites for transplantation;
iii.
methodology and implementation programme
of transplantation; and
iv.
post-transplantation monitoring.
Before
submission to the Director, the proposal 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. All recommended measures shall be fully
and properly implemented in accordance with the details and time schedules as
set out in the deposited proposal; and
(b)
no later than two weeks after completion of tree
transplantation, deposit with the Director four hard copies and one electronic
copy of detailed compensatory planting as-built drawing(s) showing the final
locations of tree plantings to demonstrate compliance with the transplantation
proposal under Condition 2.20(a).
This final set of as-built submission(s) shall be certified by the ET
Leader and verified by the IEC to demonstrate that Condition 2. 20(a) is
fulfilled.
Measures for Managing Wastes
and Submission of Waste Management Plan
2.21 The
Permit Holder shall, no later than one month after commencement of construction
of the Project, deposit with the Director four hard copies and one electronic
copy of a Waste Management Plan (WMP) for the site formation works for the
Headland area and tunneling works for the funicular system (as shown in Figure
1) which generates majority of the construction and demolition (C&D)
materials for the Project. The WMP
shall describe:
(a)
the arrangements and routing for transferring
C&D materials using a conveyor belt system from the Headland area to the
barging point at the Tai Shue Wan seafront;
(b)
the layouts of the conveyor belt system and barging point;
(c)
the recommended pollution control/waste reduction
measures on waste management in the approved EIA report, including enclosures
and water sprays;
(d)
arrangements and locations for storage, collection,
treatment and disposal of C&D materials; and
(e)
the estimated rate of C&D materials generation
and disposal.
Before
submission, the WMP 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. All measures
recommended in the WMP shall be fully and properly implemented throughout the
construction period.
Measures for Mitigating
Impact on Cultural Heritage
2.22 To preserve the
grave G1 as shown in Figure 7, no works shall be allowed within one metre from the vicinity of such grave.
Operation Stage
Measures for Mitigating
Noise Impact
2.23 The
night show at the open-air venue in the
(a)
the total sound power level of all loudspeaker
clusters shall not exceed 109dB(A); and
(b)
the sound pressure level at
2.24 The
Permit Holder shall, at least one month before the first open-air night show in
the
(a)
locations and orientations of loud speakers;
(b)
sound power levels of loud speakers;
(c)
predicted noise levels; and
(d)
analysis of predictions against the requirements stipulated
in the EIA-TM and Condition 2.23.
Before
submission to the Director, the study 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 and the requirements in Condition 2. 23. All measures recommended in the
deposited study shall be fully and properly implemented.
Measures for Mitigating
Glare Impact
2.25 The
Permit Holder shall, at least one month before the commencement of the first
night show at an open-air venue in the Aqua City (as shown in Figure 8) and any
outdoor activity within the Lowland (as shown in Figure 1), deposit with the
Director four hard copies and one electronic copy of a detailed design of night
time functional and thematic lighting.
The design shall take into account the possible light pollution and
night-time glare and shall at least describe:
(a)
the mounting height and direction of light fixtures;
(b)
the lighting schedule, including power, number and
types of lighting;
(c)
the monitoring programme;
(d)
maintenance requirements; and
(e)
measures for avoiding/minimizing possible light
pollution and negative glare impacts on nearby sensitive receivers.
Before
submission to the Director, the design 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.
All measures recommended in the deposited design shall be fully and
properly implemented.
2.26 The
Permit Holder shall employ a specialist with training and practical experience
in outdoor sport lighting and illumination to design, manage and oversee the
implementation and maintenance of the illumination requirements and system for
the Project. The specialist shall
also undertake any necessary mitigation measures to control possible glare and
uncomfortable eye feeling brought on by the outdoor lights and illumination
system of the Project.
3. Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The EM&A programme of the Project, including the monitoring for
noise, air quality and ecology during the construction stage, the monitoring of
ecology after completion of construction activities and the monitoring for
noise at the operation stage, shall be implemented in accordance with the
procedures and requirements as set out in the EM&A Manual (Register No. AEIAR-101/2006) of the Project. The Permit Holder shall review the EM&A
requirements or programme based on the submitted
construction programme required under Condition
2.4. Changes to the EM&A
requirements or programme and termination of the programme shall need justification by the ET Leader and
verified by the IEC to their conformance with the requirements as set out in
the EM&A Manual; and the prior approval from the Director shall be sought before
their implementation.
3.2
Samples, measurements and
necessary remedial actions shall be taken in accordance with the requirements
of the EM&A Manual by:
(a)
conducting baseline
environmental monitoring;
(b)
conducting impact monitoring; 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 logging and keeping records of details of 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; and
(c)
conducting post-construction
ecological monitoring and carrying out actions described in the contingency
plan of the EM&A Manual.
3.3
Four hard copies and one
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least one week before the commencement of construction. The
submissions shall be certified by the ET Leader and verified by the IEC as
complied with the requirements as set out in the EM&A Manual before
submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.4 Four
hard copies and one electronic copy of the monthly EM&A Reports for the
construction and operation stages shall be submitted to the Director within two
weeks after the end of the reporting month. The monthly EM&A Reports shall
include a summary of all non-compliance with the recommendations in the EIA
Report or this Permit. The submissions shall be certified by the ET Leader and
verified by the IEC as complied with the requirements as set out in the
EM&A Manual before submission to the Director. Additional copies of the
submission shall be provided upon request by the Director.
3.5 All environmental
monitoring and audit results submitted under this Permit shall be true, valid
and correct.
3.6 Any necessary
remedial measures and actions as described in the EM&A Manual shall be
fully and properly carried out, in accordance with the time frame(s) set out in
the EM&A Manual, or as agreed by the Director.
3.7 To
ensure a high degree of transparency regarding the monitoring results, all EM&A
data and all submissions required by this Permit shall be made available by the
Permit Holder to the public through a dedicated web site to be set up by the
Permit Holder under Condition 4.2 below, in the shortest practicable time and
in no event later than 2 weeks after such information is available.
4. Electronic Reporting of EM&A
Information
4.1 To
facilitate public inspection of the Baseline Monitoring Report and the monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the 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 3.3
and 3.4 of this Permit. For the HTML version, a content page capable of
providing hyperlink to each section and sub-section of these Reports shall be
included in the beginning of the document.
Hyperlinks to all figures, drawings and tables in these Reports shall be
provided in the main text from where the respective references are made. All graphics in these Reports shall be
in interlaced GIF format unless otherwise agreed by the Director. The content
of the electronic copies of these Reports must be the same as the hard copies.
4.2 The
Permit Holder shall 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 within six weeks after the commencement of construction of
the Project. All environmental monitoring results described in Condition 4.1
above and all submissions required by this Permit shall be made available to
the public via this dedicated web site to be set up by the Permit Holder in the
shortest time practicable, 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.
4.3 The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA report,
the environmental permit(s) and 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 work
and all submissions under this permit;
(b) searching by
date;
(c) searching by
types of monitoring data; 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 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 Environmental Impact Assessment Ordinance
(the “Ordinance”) to the Director for a variation of the conditions of this
Permit. The Permit Holder shall replace the original permit displayed on the
Project site by the amended permit.
4. A person who
assumes the responsibility for the whole or a part of the Project may, before
he assumes responsibility of the Project, apply under Section 12 of the
Ordinance to the Director for a further environmental permit.
5. Under Section 14 of the
Ordinance, the Director may with the consent of the Secretary for the
Environment, Transport and Works, suspend, vary or cancel this Permit. The
suspended, varied or cancelled Permit shall be removed from display at the
Project site.
6. If this Permit is
cancelled or surrendered during construction 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 a designated project listed in Schedule 2 of the Ordinance without a
valid environmental permit.
7. Any person who
constructs the Project contrary to the conditions in the Permit, and is
convicted of an offence under the Ordinance, is liable:
(i)
on a first conviction on indictment to a fine of $2
million and to imprisonment for 6 months;
(ii)
on a second or subsequent conviction on indictment
to a fine of $5 million and to imprisonment for 2 years;
(iii)
on a first summary conviction to a fine at level 6
and to imprisonment for 6 months;
(iv)
on a second or subsequent summary conviction to a
fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the offence is of a continuing
nature, the court or magistrate may impose a fine of $10,000 for each day on
which he is satisfied the offence continued.
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance within 30 days of receipt of this Permit.
9. The Notes are for
general reference only and that the Permit Holder should refer to the EIA
Ordinance for details and seek independent legal advice.
Appendix 1
List
of Uncommon Plant Species identified in the approved EIA report (Register No.
AEIAR-101/2006):
(a) Long Tentacle Orchid
(b) Sword-leaved
Orchid
(c) Green-flowered
Rattlesnake-Plantain
(d) Cycad-fern
(e) Balloon
Flower
(f) Chinese
Lily
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 |
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